One of the most common evictions in San Francisco is for owner or relative move-in (San Francisco Administrative Code Section 37.9(a)(8)). Subject to certain restrictions, outlined below, a landlord can evict a tenant if the landlord is going to move into the unit to live, or (only if the landlord is living in the building) for a close relative to move in and live there. These evictions are highly abused and landlords who want to evict a tenant in order to raise the rent on a new tenant typically use owner move-in evictions (OMIs) that are allowed under the Rent Ordinance if done properly.
Many landlords seek to circumvent these restrictions by giving tenants “advisory” or “warning” notices—letters saying, for example, “I’m writing to let you know that my sister will be moving into your apartment next Spring…” These notices are not legal eviction notices—landlords are hoping the tenant will move out pursuant to such a “warning” and will then try to argue that the restrictions are not applicable since the tenants was not evicted but moved out “voluntarily.” Tenants should not move out pursuant to such advisories or warnings that an OMI eviction is coming some time in the future. See also Eviction Threats for information on dealing with OMI threats or warnings.
An OMI eviction notice must be a 60 day notice except (a) if the tenant has lived there less than a year or (b) the unit is a single-family home or a rented condominium and the notice is given within 120 days after escrow has been established on the property, and the landlord has not previously given the tenant a 30 or 60-day notice, and the landlord intends to live in the unit for at least one year. (The seller cannot give an OMI notice, only the buyer and only after the sale is completed, so in a unit covered under the San Francisco Rent Ordinance, this second exception is irrelevant.)
Tenants who receive an OMI eviction notice should bring it into the Tenants Union counseling clinic for review. Generally, OMI evictions can be fought on the grounds that the landlord is not moving into the rental unit in “good faith,” i.e., that the landlord has ulterior motives.
OMI evictions can be fought on the grounds listed below
- 1 OMI evictions can be fought on the grounds listed below
- 1.1 Senior, Disabled and Terminally Ill Tenants Who Are Long-Term Tenants Are Usually Protected
- 1.2 Children Have Some Protection
- 1.3 One OMI Eviction Allowed Per Building (Excepting Family Members)
- 1.4 Landlord Must Be A Person
- 1.5 Relatives of Landlord Restricted To Buildings Where Landlord Is Living
- 1.6 Landlord Disclosure
- 1.7 Tenants Receive Relocation Payments (with Eviction Notice)
- 1.8 Landlord Must Move In Within 3 Months and Live There 3 Years
- 1.9 Re-Rental of Units Restricted
Senior, Disabled and Terminally Ill Tenants Who Are Long-Term Tenants Are Usually Protected
Senior (60+) or disabled (SSI eligible) tenants with 10 or more years tenancy, or terminally ill (SSI eligibility and terminal illness diagnosis) tenants with 5 or more years tenancy cannot be evicted for OMI unless every unit in the building besides the unit occupied by the landlord is occupied by such tenants and the landlord is evicting for a relative who is age 60 or older. Senior and disabled tenants where the landlord only owns one unit in the building can also be evicted for OMIs.
Children Have Some Protection
OMIs are prohibited in households with children that have a tenancy of at least 12 months unless the OMI is not during the school year, or the landlord will move in with a child, or the landlord only owns one unit in the building.
One OMI Eviction Allowed Per Building (Excepting Family Members)
OMI evictions are limited to one per building, Thus if four people buy a building, only one can do an OMI eviction. Any future evictions (e.g. if the landlord evicts to move in and then moves out five years later) must occur in that same unit. Effectively, this means that once an OMI eviction occurs that unit becomes the “owner’s unit.” This prohibition on future evictions in other units can be bypassed because of the future landlord’s “disability or similar hardship.” This provision does allow multiple evictions in the same building for close relatives of the landlord if the landlord already lives there or is “simultaneously” moving in.
Landlord Must Be A Person
The landlord or relative moving in must be a “natural person” and cannot be a corporation, partnership, LLC or other business entities. In some cases, a family trust may qualify as a person.
Relatives of Landlord Restricted To Buildings Where Landlord Is Living
Evictions for relatives are restricted to just the building where the landlord lives. If, for example, you are being evicted for the landlord’s daughter and the landlord lives in Palo Alto, this eviction is illegal.
The legislation requires landlords to give tenants basic information about the landlord’s property holdings and where the landlord (or relative) currently lives. Within 10 days of the eviction notice, the landlord must disclose in writing to the tenant, and file with the San Francisco Rent Board:
•All building owner names/percentages and dates the ownership was recorded.
•Name of landlord/relative who is going to move in and description of the current residence.
•All property owned by the landlord or the relative.
•The current rent for the unit and a statement of the evicted tenant’s right to re-rent if the unit is re-rented within 3 years of the eviction.
Tenants Receive Relocation Payments (with Eviction Notice)
Landlords must pay relocation amounts to tenant (including authorized subtenants). This payment is above and beyond any deposits and does not prevent the tenant from negotiating a higher relocation payment. The landlord must pay half of the relocation payment at the time of the eviction notice and the other half when the tenant vacates.
Landlord Must Move In Within 3 Months and Live There 3 Years
The landlord (or relative) must move in within 3 months of when the tenant vacates and the landlord (or relative) must have the intention of living there for 3 years.
Re-Rental of Units Restricted
For 3 years after the eviction, the landlord cannot re-rent the unit at a rent greater than what the evicted tenant was paying unless there were allowable rent increases such as annual rent increases. Also, for 3 years after the eviction, the evicted tenant has the first right of refusal to re-rent the unit.
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