Topic No. 156: Evictions Based On Addition of Family Members to Unit
Recent amendments to the Rent Ordinance, effective November 9, 2015, may have changed some of the information provided here. The Rent Board is currently considering amendments to its Rules and Regulations that may also affect the accuracy of the information provided here. This information will be updated in the near future. You may contact the Rent Board at (415) 252-4602 or visit the office at 25 Van Ness Avenue, Room 320 in San Francisco if you have questions about this topic.
A tenant cannot be lawfully evicted for breach of a no-subletting clause or a provision limiting the number of occupants in the unit if the landlord has unreasonably withheld consent to the addition of certain family members, including the tenant's child, parent, grandchild, grandparent, brother or sister, or the spouse or domestic partner of such relatives, or the spouse or domestic partner of the tenant. The additional family member must meet the regular, reasonable application standards of the landlord, except that lack of creditworthiness is not a basis to refuse a tenant's written request unless the additional family member will be legally liable to pay rent to the landlord. In addition, the number of occupants in the unit may not exceed certain occupancy limits specified in the Rent Ordinance.