Topic No. 203: Notice Requirements for Evictions Based on Owner or Relative Move-in
In addition to general eviction notice requirements, there are specific requirements for eviction notices for owner or relative move-in:
- The notice must be filed with the Rent Board, accompanied by a proof of service on the tenant, within ten days of service of the notice on the tenant.
- The notice must state the identity and percentage of ownership of all persons holding a full or partial percentage ownership in the property.
- The notice must also state the dates the percentages of ownership were recorded.
- The notice must list the names of the owners endeavoring to recover possession and, if applicable, the name and relationship of each relative for whom possession is being sought and a description of the current residence of the landlord or relative.
- The notice must include a description of all residential properties owned, in whole or in part, by the landlord and, if applicable, a description of all residential properties owned, in whole or in part, by the landlord's relative for whom possession is being sought.
- A copy of Ordinance Section 37.9B must be included or attached to the notice.
- The notice must advise the tenant of required relocation expenses, as provided in Ordinance Section 37.9C.
- The notice must include a warning that the tenant must advise the landlord in writing within 30 days if the tenant is claiming a protected status, and that the failure to do so will be deemed an admission that the tenant is not protected.
- The notice must include the current rent for the unit and a statement that if the rental unit is offered for rent during the three-year period following service of the notice to vacate, the tenant has the right to re-rent the unit at the same rent plus any allowable increases.
The Rent Board will record a Notice of Constraints for owner or relative move-in evictions, which states that the unit must be offered to the displaced tenant and can only be re-rented at the rent controlled amount within three years after the notice to vacate was served on the tenant.
Landlords are required to pay relocation expenses to tenants who are being evicted for owner or relative move-in. Each authorized occupant, regardless of age, who has resided in the unit for at least one year, is entitled to a relocation payment of $4,500.00, with a maximum payment of $13,500.00 per unit. In addition, each elderly tenant who is 60 years or older, and each disabled tenant, and each household with one or more minor children, is entitled to an additional payment of $3,000.00. Each year commencing March 1, 2007, the amount of these relocation payments shall be adjusted for inflation. Information regarding current relocation payment amounts can be obtained from the Rent Board by calling 415-252-4602 or by visiting our website at www.sfgov.org/rentboard. A list of relocation payment amounts is also available at our office.
The landlord is required to give all occupants of the unit written notice of relocation rights on or before the date of service of the eviction notice and shall also provide a copy of Ordinance Section 37.9C. The landlord must file a copy of this notification with the Rent Board within 10 days after service of the notice, together with a copy of the eviction notice and proof of service upon the tenant. Within 30 days of receiving a tenant's claim for the additional $3,000.00 payment because of disability, age, or having children in the household, the landlord must inform the Rent Board in writing of the tenant's claim and whether or not the landlord disputes the claim.