What's Passed - 11/12/97

New Regulation Section 12.20 

(a) Effective November 12, 1997

Section 12.20   Evictions under Section 37.9(a)(2)

  1. Unilaterally Imposed Obligations and Covenants

    For purposes of an eviction under Section 37.9(a)(2) of the Ordinance, a landlord shall not endeavor to recover possession of a rental unit because of the tenant"s alleged violation of an obligation or covenant of the tenancy, if such obligation or covenant was unilaterally imposed by the landlord and not agreed to by the tenant and either was not included, or is not materially the same as an obligation or covenant in the rental agreement mutually agreed to by the parties. The foregoing shall not apply to: (1) changes in obligations or covenants that are not material; (2) changes in material obligations or covenants required by law or to protect the health, safety and quiet enjoyment of the occupants of the building or adjoining properties; or (3) material changes that have resulted in a substantial decrease in housing services with respect to garage, storage space, or access to common areas for which a commensurate rent reduction has been provided by the landlord; and (4) rent increases or other changes in the terms of a tenancy authorized under the Rent Ordinance and Rules and Regulations.

The following language is under consideration for the next Commission meeting on November 25, 1997 at 5:30 p.m.

Proposed New Sections 12.20 (b) and 12.21
  1. Landlord"s Unreasonable Failure to Grant Consent

    For purposes of an eviction under Section 37.9(a)(2) of the Ordinance a landlord shall not endeavor to recover possession of a rental unit because of the tenant"s alleged violation of an obligation or covenant of tenancy requiring the consent of the landlord, if such consent was unreasonably withheld.

Section 12.21   Evictions under Section 37.9(a)(5)

For purposes of an eviction under Section 37.9(a)(5) of the Ordinance a landlord shall not endeavor to recover possession of a rental unit because the tenant has refused, after written request or demand by the landlord, to agree to a modification, amendment, extension or renewal of the existing rental agreement which contains a materially different term than is contained in the rental agreement mutually agreed to by the parties.

seniorshrd/12.20passed/12/13/97

11/19/97