New San Francisco Owner Move-In Legislation Takes Effect January 1, 2018

Beginning January 1, 2018, all Owner Move-In termination notices must include a blank change of address form that the tenant being displaced can use to advise and update the San Francisco Rent Board of any change of address for that tenant

Beginning January 1, 2018, a landlord who serves an Owner Move-In termination notice must also include a declaration executed under the penalty of perjury stating that the landlord intends to recover possession of the subject Owner Move-In unit in good faith, and for use as the principal residence of the landlord (or relative in the case of a Relative Move-In) for a period of at least thirty-six continuous months. Although the obligation of a landlord to have the good faith intent to occupy the residence for at least thirty-six continuous months remains as it had been prior to the new laws, the new law requires the landlord to attest to having that good faith under the penalty of perjury.

Beginning January 1, 2018, once a landlord serves an Owner Move-In termination notice, the landlord must, within 90 days of service of that termination notice, file a periodic “Statement of Occupancy” form with the San Francisco Rent Board. This periodic Statement of Occupancy must be updated and filed every 90 days thereafter until the landlord recovers the possession of the unit. Once possession is recovered, the landlord must then file the Statement of Occupancy once a year for five years after recovering possession of the Owner Move-In unit. A landlord who has recovered possession must also include at least two forms of supporting documentation to the Statement of Occupancy that evidences the unit is being occupied by the landlord as their principal residence.

Beginning January 1, 2018, The San Francisco Rent Board is charged with sending a copy of each periodic and annual Statement of Occupancy to the displaced tenant. In the event a landlord has not filed a periodic or annual Statement of Occupancy with the Rent Board, then the Rent Board shall notice the displaced tenant of the landlord’s failure to do so. The Rent Board shall also assess an administrative penalty on any landlord who fails to file a Statement of Occupancy, including the two forms of supporting documentation, amounting to $250 for the first violation, $500 for the second violation, and $1,000 for each subsequent violation.

Starting January 1, 2018, and beginning 30 days after service of an Owner Move-In termination notice, the Rent Board shall send a notice to the affected Owner Move-In unit that states the maximum rent that can be charged for that unit. The Rent Board shall thereafter send every year, for five years, an updated notice that states the maximum rent that can be charged for that unit.

Although there has been no change in the time period which a landlord must have the good faith intent to occupy the subject Owner Move-In unit for, namely 36 months, the new legislation extends the re-rental rights which the displaced tenant has from three years to five years. Additionally, the re-rent offer, if made to the displaced tenant, must be filed with the Rent Board within fifteen days. Once filed, the tenant then has thirty days from receipt to accept the offer to re-rent, and if accepted, the tenant must reoccupy within forty-five days.

If you are curious about learning more about performing a San Francisco owner move-in eviction or relative move-in eviction for a property you own or are looking to purchase, you should speak to an experienced San Francisco Real Estate attorney who represents owners and landlords in San Francisco.

San Francisco Owner Move-In Eviction and Relative Move-In Eviction information provided by San Francisco Real Estate attorney Mark Chernev.

Mark B. Chernev, Zacks, Freedman & Patterson, PC, 235 Montgomery Street, Suite 400, San Francisco, CA 94115 : 415 – 956 – 8100