New Ordinance Amendment Re Increased Ellis Relocation Payments to Tenants (6/14/15)

Effective June 14, 2015, Rent Ordinance Sections 37.9A(e)(3)(E)-(H) were amended to provide that as of June 1, 2014 each tenant displaced under the Ellis Act is entitled to the greater of (1) the existing rent relocation payment or (2) the difference between the tenant’s current rent and the market rental rate as determined by the Controller’s Office based on data from RealFacts or other analysis of the SF rental market for the prior calendar year, multiplied to cover a two-year period, provided that the tenant submits a sworn declaration to the landlord that the tenant will use the relocation payment under subsection 37.9A(e)(3)(E)(i)b. solely for relocation costs and the tenant maintains proof of relocation expenditures for three years and provides such proof to the landlord upon written request. The amendment also allows a landlord to request a hearing to obtain a Rent Board determination of a revised relocation payment obligation based on (1) undue financial hardship or (2) the market rental rate for a comparable unit.

[NOTE: It is the City’s position that this amendment is covered by the previous injunction issued by the Court in Levin v. City & County of San Francisco (United States District Court Case No. 3:14-ev-03352-CRB), and therefore the City is not enforcing the amended ordinance until permitted to do so by the Court. The City has appealed the District Court’s order to the Ninth Circuit Court of Appeals.]

A copy of Ordinance No. 68-15 amending Rent Ordinance Section 37.9A is provided here for your convenience.