Topic No. 327: Petition for Extension of Time to Complete Capital Improvements

Under the just cause eviction provisions of the Rent Ordinance, a landlord may recover possession of a rental unit if the landlord seeks in good faith and without ulterior motive to temporarily remove the unit from housing use in order to carry out capital improvements or rehabilitation work, and the premises will be hazardous, unhealthy and/or uninhabitable while the work is in progress. The tenants will vacate the unit only for the minimum time required to do the work as stated in the notice, which shall not exceed three months, unless the time is extended by the Rent Board upon petition by the landlord.

If the landlord knows or should know that the work will require the removal of the tenants for more than three months, the landlord must file a Petition for Extension of Time at the Rent Board before giving the notice to vacate to the tenants. If, after the notice has been given or the work has commenced, it becomes apparent that the work will take longer than three months (or longer than the time approved by the Rent Board in a prior Petition for Extension of Time), the landlord must immediately file a Petition for Extension of Time along with a statement explaining why the work will take more time. A hearing will be scheduled to determine the reasonableness of the landlord's time estimate.

The Petition for Extension of Time must be accompanied by copies of all necessary approved building permits; a written breakdown of the work to be performed and the location and cost of the work; an estimate of the time needed to complete the work; and the approximate day and month when each tenant may reoccupy. To receive a copy of the petition form, you can fax it to yourself through our Fax Back system by calling (415)252-4660 or visit our website at www.sfrb.org. The petition form is also available at our office.

June 2006

 

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