New Ordinance Amendment re Temporary Evictions for Capital Improvements
Effective December 2, 2019, Rent Ordinance Section 37.9(a)(11) was amended to clarify that temporary evictions for capital improvements or rehabilitation work are only allowed where the work will make the unit hazardous, unhealthy, and/or uninhabitable, and are intended to last for the minimum amount of time required to complete the work; to modify the standards that the Rent Board must consider when reviewing a landlord’s Petition for Extension of Time to complete capital improvement work that will last more than three months; to establish procedures for the landlord to inform the displaced tenant of the tenant’s right to reoccupy the unit upon completion of the work; and establish that a landlord’s failure to timely allow the tenant to reoccupy the unit may create a rebuttable presumption that the tenancy has been terminated by the landlord rather than by the tenant. A copy of the legislation is available here [Ord. No. 245-19].
The amendments also require the landlord to provide the tenant with a form prepared by the Rent Board at the time the capital improvement eviction notice is served that the tenant can use to advise the landlord and the Rent Board of any change of address, and that also advises the tenant of the tenant’s right to return to the unit once the work is complete. The required form, Tenant Disclosure and Change of Address Form, is available on our Forms Center.
In order to implement the new legislation, the Rent Board Commissioners are considering possible amendments to Rules and Regulations Sections 12.15 and 12.16.