This Section 6.15A applies
only when a lease or rental agreement includes an absolute prohibition against
subletting and assignment.
(a) For agreements entered
into on or after May 25, 1998, breach of an absolute prohibition against
subletting or assignment may constitute a ground for termination of tenancy
pursuant to, and subject to the requirements of, Section 37.9(a)(2) and
subsection (b) below, only if such prohibition was adequately disclosed
to the tenant at the commencement of the tenancy. For purposes of this subsection,
adequate disclosure shall include satisfaction of one of the following requirements:
(1) the prohibition against
sublet or assignment is set forth in enlarged or boldface type in the lease
or rental agreement and is separately initialed by the tenant; or
(2) the landlord has provided
the tenant with a written explanation of the meaning of the absolute prohibition,
either as part of the written lease or rental agreement, or in a separate
writing.
(b) If the lease or rental
agreement specifies a number of tenants to reside in a unit, or where the
open and established behavior of the landlord and tenants has established
that the tenancy includes more than one tenant, then the replacement of
one or more of the tenants by an equal number of occupants, subject to subsections
(c) and (d) below, shall not constitute a breach of the lease or rental
agreement for purposes of termination of tenancy under Section 37.9(a)(2)
of the Ordinance.
(c) If the tenant makes
a written request to the landlord for permission to sublease in accordance
with Section 37.9(a)(2), and the landlord fails to respond in writing within
fourteen (14) days of receipt of the tenants written request, the
subtenancy is deemed approved pursuant to Ordinance Section 37.9(a)(2)
(d)(1) The Tenants
inability to obtain the landlord’s consent to subletting or assignment shall
not constitute a breach of the lease or rental agreement for purposes of
eviction under Section 37.9(a)(2), where the subletting or assignment is
deemed approved pursuant to subsection (c) above or where the landlord has
unreasonably withheld consent to such change. Withholding of consent by
the landlord shall be deemed to be unreasonable if the tenant has met the
following requirements:
(i) The tenant has requested
in writing the permission of the landlord to the sublease or assignment
prior to the commencement of the proposed new subtenant’s occupancy of the
unit;
(ii) The proposed new
subtenant, if requested by the landlord, has completed the landlord’s standard
form application, or, in the event the landlord fails to provide an application
or has no standard form application, the proposed new tenant or new subtenant
has, upon request, provided sufficient information to allow the landlord
to conduct a typical background check, including credit information, income
information, references, and background information;
(iii) The tenant has provided
the landlord five (5) business days from receipt of the application to process
the proposed new subtenant’s application;
(iv) The proposed new
subtenant meets the regular reasonable application standards of the landlord;
(v) If asked, the proposed
new subtenant has agreed in writing to be bound by the current rental agreement
between the landlord and the tenant;
(vi) The tenant has not,
without good cause, requested landlord consent to a new tenant or new subtenant
more than one time per existing tenant residing in the unit during the previous
12 months;
(vii) The tenant is requesting
replacement of a departing tenant or tenants with an equal number of new
occupants.
(2) This subsection (d) shall
not apply to assignment of the entire tenancy or subletting of the entire
unit.
(e) Where a lease or rental
agreement specifies the number of tenants to reside in a unit, or where
the open and established behavior of the landlord and tenants has established
that the tenancy includes more than one tenant, failure of the landlord
to consent to the replacement of one or more of the tenants by an equal
number of occupants, subject to subsection (d)(1) above, may constitute
a decrease in housing services pursuant to Section 10.10 of these Regulations.
(f) Nothing in this Section
shall prevent the landlord from providing a new occupant with written notice
as provided under Section 6.14 that the occupant is not an original tenant
as defined in Section 6.14(a) and that when the last of the tenant(s) who
meet the latter definition vacates the premises, a new tenancy is created
for purposes of determining the rent under the Rent Ordinance.
Section 6.15B Subletting
and Assignment - Where Rental Agreement Contains a Clause Requiring Landlord
Consent to Subletting and Assignment
This Section 6.15B applies
only when a lease or rental agreement includes a clause requiring landlord
consent to assignment or subletting.
(a) If the lease or rental
agreement specifies a number of tenants to reside in a unit, or where the
open and established behavior of the landlord and tenants has established
that the tenancy includes more than one tenant, then the replacement of
one or more of the tenants by an equal number of tenants, subject to subsection
(b) below, shall not constitute a breach of the lease or rental agreement
for purposes of termination of tenancy under Section 37.9(a)(2) of the Ordinance.
(b) The tenants
inability to obtain the landlord’s consent to subletting or assignment shall
not constitute a breach of the lease or rental agreement for purposes of
eviction under Section 37.9(a)(2), where the landlord has unreasonably withheld
consent to such change. Withholding of consent by the landlord shall be
deemed to be unreasonable if the tenant has met the following requirements:
(i) The tenant has requested
in writing the permission of the landlord to the sublease or assignment
prior to the commencement of the proposed new subtenant’s occupancy of the
unit;
(ii) The proposed new
subtenant, if requested by the landlord, has completed the landlord’s standard
form application, or, in the event the landlord fails to provide an application
or has no standard form application, the proposed new subtenant has, upon
request, provided sufficient information to allow the landlord to conduct
a typical background check, including credit information, income information,
references, and background information;
(iii) The tenant has provided
the landlord five (5) business days to process the proposed new subtenant’s
application;
(iv) The proposed new
subtenant meets the regular reasonable application standards of the landlord;
(v) The proposed new subtenant
has agreed to sign and be bound by the current rental agreement between
the landlord and the tenant;
(vi) The tenant has not,
without good cause, requested landlord consent to a new subtenant more than
one time per existing tenant residing in the unit during the previous 12
months;
(vii) The tenant is requesting
replacement of a departing tenant or tenants with an equal number of new
tenants.
(2) This subsection (b) shall
not apply to assignment of the entire tenancy or subletting of the entire
unit.
(e) Where a lease or rental
agreement specifies the number of tenants to reside in a unit, or where
the open and established behavior of the landlord and tenants has established
that the tenancy includes more than one tenant, failure of the landlord
to consent to the replacement of one or more of the tenants by an equal
number of tenants, subject to subsection (b) above, may constitute a decrease
in housing services pursuant to Section 10.10 of these Regulations.
(f) Nothing in this Section
shall prevent the landlord from providing a replacement new subtenant with
written notice as provided under Section 6.14 that the tenant is not an
original tenant as defined in Section 6.14(a) and that when the last of
the tenant(s) who meet the latter definition vacates the premises, a new
tenancy is created for purposes of determining the rent under the Rent Ordinance.
Section 6.15C Master Tenants
(1) For any tenancy commencing
on or after May 25, 1998, a landlord who is not an owner of record of the
property and who resides in the same rental unit with his or her tenant
(a "Master Tenant") may evict said tenant without just cause as required
under Section 37.9(a) only if, prior to commencement of the tenancy, the
Master Tenant informs the tenant in writing that the tenancy is not subject
to the just cause provisions of Section 37.9. A landlord who is an owner
of record of the property and who resides in the same rental unit with his
or her tenant is not subject to this additional disclosure requirement.
(2) In addition, for any
tenancy commencing on or after May 25, 1998, a Master Tenant shall disclose
in writing to a tenant prior to commencement of the tenancy the amount of
rent the Master Tenant is obligated to pay to the owner of the property.