Topic No. 156: Evictions Based On Addition of Family Members to Unit

A tenant cannot be lawfully evicted for breach of a no-subletting clause or a provision limiting the number of occupants in the unit if the landlord has unreasonably withheld consent to the addition of certain family members, including the tenant's child, parent, grandchild, grandparent, brother or sister, or the spouse or domestic partner of such relatives, or the spouse or domestic partner of the tenant. The additional family member must meet the regular, reasonable application standards of the landlord, except that lack of creditworthiness is not a basis to refuse a tenant's written request unless the additional family member will be legally liable to pay rent to the landlord. In addition, the number of occupants in the unit may not exceed certain occupancy limits specified in the Rent Ordinance.

June 2006