San Francisco Rent Ordinance Rule and Regulation 12.14

 

  • For purposes of an eviction under Section 37.9(a)(8) of the Ordinance, the term “landlord” shall mean a natural person, or group of natural persons who in good faith hold a recorded fee interest in the property and meet one of the following requirements:
    • held a recorded fee interest of at least 10%, or a recorded equitable interest under contract of sale of at least 10%, which interest was recorded on or before February 21, 1991, and continues to hold at least such a 10% interest on the date of service of the notice to vacated; or
    • holds a recorded fee interest of at least 25%, or a recorded equitable interest under contract of sale of at least 25%, on the date of service of the notice to vacate.
  • On or before service of the notice to vacate, the tenant shall be informed in writing of (1) the identity and percentage of ownership of the owner to move in or (2) the name and relationship of the relative to move in, as well as the name and percentage of ownership of the evicting owner; and (3) the date the current percentage of ownership was recorded.
  • For purposes of an eviction under Section 37.9(a)(8) of the Ordinance, a landlord or landlord”s relative can have only ONE “principal place of residence” which is defined as the permanent or primary home of the party claiming that a unit has that status attached to it. It is a unit that the party occupies for more than temporary or transitory purposes. Evidence that a unit is or is intended to be the party”s “principal place of residence” includes, but is not limited to, the following elements, a compilation of which lends greater credibility to the claim of “principal place of residence of an owner” whereas the presence of only one element may not support such claim:
    • the subject premises are listed as the owner”s place of residence on any motor vehicle registration, driver”s license, or with any other public agency, including State and local taxing authorities;
    • utilities are installed under the owner”s name at the subject premises;
    • all of the owner”s personal possessions have been moved into the subject premises;
    • a homeowner”s tax exemption;
    • voter registration;
    • a U.S. Postal Change of Address form; and
    • the subject premises are the place the owner normally returns to as his/her home, exclusive of military service, hospitalization, vacation, or travel necessitated by employment;
    • notice to move at another dwelling unit was given in order to move into the subject premises; and
    • the owner sold or placed on the market for sale the home he/she occupied prior to the subject premises.

A tenant is disabled under Ordinance Section 37.9(i)(1)(B)(i) if the tenant meets the standard for blindness or disability under the federal Supplemental Security Income/California State Supplemental Program (SSI/SSP). In determining whether a tenant is disabled, a finder of fact shall consider relevant evidence, including: (1) findings by any government entity concerning a disability;
(2) testimony concerning the disability; and
(3) medical evidence concerning the disability.