Summary Of New Eviction Regulations

Summary Of New Eviction Regulations2002 amends the Rent Ordinance (Administrative Code Chapter 37, Residential Rent Stabilization and Arbitration Ordinance) by amending Sections 37.9, 37.9B and 37.10A to provide additional protections to tenants, and to conform to state law regarding misdemeanor violations, as explained below. For a complete version of the ordinance amendments, please click on Ordinance 57-02 above.

1. 37.9 was amended to correct a section cite only.

2. Require the Rent Board to record owner move-in eviction notices with the County Recorder. 37.9B(C)

3. Another new requirement is the use of a proof of service which must be filed with the OMI notice at the Rent Board.

4. The Rent Board will be recording only OMI notices within 30 days of the effective date of the notice. The effective date is the date the tenants have to move. Owners who have a notice recorded against their property and want it removed will have to write to request removal and provide evidence that the eviction did not occur.

5. Require all eviction notices except those for non-payment of rent to be in writing and filed with the Rent Board. 37.10A(d)

This means that the grounds cited in an eviction notice must be adhered to regardless of any agreement. For example, an eviction notice cites an owner move-in,, then the owner must move in and live in the unit for three years or if the owner moves out earlier, then the unit must be either re-rented to the former tenant or a new tenant at the prior rent plus any allowable increases. Ellis eviction notices must also meet all applicable restrictions, even though the tenant may agree to other terms.

6. Verbal or oral threats or warnings of eviction must be followed with the notice in writing to the tenant within 5 days 37.10A(C).

Owners or any person willfully assisting the owner who threaten or warn a tenant of an eviction must put it in writing to the tenant within 5 days. They do not have to file this warning/threat with the Rent Board. However, should they move to evict based on that warning/threat, then that written notice(s) must be attached to the eviction notice filed with the department.

6. Subject vacated units to the future use restrictions stated in the Rent Ordinance, regardless of any agreement made between the landlord and the vacating tenant, except as provided in 6 below. 37.10A(f).

This means that the grounds cited in an eviction notice must be adhered to regardless of any agreement. For example, an eviction notice cites an owner move-in, then the owner must move in and live in the unit for three years or if the owner moves out earlier, then the unit must be either re-rented to the former tenant or a new tenant at the prior rent plus any allowable increases. Ellis eviction notices must also meet all applicable restrictions, even though the tenant may agree to other terms.

7. Require a tenant to be represented by independent counsel in a court-supervised settlement agreement, in order to waive any tenant rights under the Rent Ordinance. 37.10A(g)

In other words, tenants can only agree to be bought out in the context of court action or mediation/arbitration with a retired judge. This wording specifically bars any other forum such as the Rent Board from participating in a buy-out.

8. Prohibit settlement agreement clauses that bar an evicted tenant from cooperation with a governmental investigation or proceeding. 37.10A(g)

Even if a tenant signs a buy-out deal with this prohibition clause, it is not enforceable.

9. Require the seller of a property to give written notice to the buyer disclosing the legal ground(s) for the termination of the tenancy for each residential unit to be delivered vacant at the close of escrow. 37.10A(h)

The reason any unit is delivered vacant must be explained in writing to the new buyer. So if it was a OMI occupied unit for example, and the owner vacated before 3 years, then the unit would need to be re-rented at the prior rent. This information puts the buyer on notice.

10. Conform misdemeanor provisions to state law ($1,000 fine plus possible imprisonment in County Jail for up to six months). 37.10A(i) Each violation is a separate offense.