Rent Board Amends the Rules and Regulations re Owner Move-In and Relative Move-in Evictions

After a public hearing on November 21, 2017, the Rent Board Commissioners unanimously approved proposed amendments to Rules and Regulations sections 12.14 and 12.17 regarding Owner Move-in/Relative Move-in evictions (“OMI”).

The amendments to the Rules and Regulations were in response to the passage of recent amendments to the Rent Ordinance (Ordinance No. 160-17)  by the Board of Supervisors, which made significant changes to the requirements for an OMI eviction and also increased protections for tenants who receive an OMI eviction notice. The Ordinance changes include new reporting requirements, whereby landlords must show proof of occupancy and file a Rent Board-created form called a “Statement of Occupancy” at various intervals over a five-year period following service of the eviction notice. The Rent Board is responsible for sending a copy of each Statement of Occupancy to the displaced tenant and for assessing administrative penalties on any landlord who fails to file the required documentation. Some of the changes to the Ordinance went into effect on August 27, 2017, while others, including the new landlord reporting requirements, apply to eviction notices served on or after January 1, 2018.  

As summarized below, the changes to Rules and Regulations Sections 12.14 and 12.17 are intended to help clarify, implement, and effectuate the purpose of the new Ordinance amendments. The amendments to the Rules and Regulations are effective January 1, 2018.

  • Section 12.14(a) was amended to clarify that domestic partners may aggregate their interests for OMI eviction purposes in conformance with Ordinance Section 37.9(a)(8)(iii).
  • Section 12.14(b) was amended to conform to Ordinance Section 37.9B and also to require that certain information be provided in the OMI eviction notice.
  • Section 12.14(c) was amended to clarify what evidence is relevant to determining a party’s principal place of residence for the purpose of an OMI eviction.
  • Section 12.14(e) was added to enumerate a list of factors relevant to determining whether a landlord acted, or is acting, in good faith for the purposes of an OMI eviction.
  • Section 12.14(f) was added to list information required on the Statement of Occupancy pursuant to Ordinance Section 37.9(a)(8)(vii) and to identify the types of supporting documents that will be required to accompany the Statement of Occupancy.
  • Section 12.17 was amended to clarify that while the Rent Board makes no legal determination concerning the sufficiency of an OMI notice at the time of filing, Rent Board staff may request that the notice state the tenant’s rent and include a blank change of address form for the tenant, as required by Ordinance Section 37.9(a)(8)(v).

The full text of amended Rules and Regulations Sections 12.14 and 12.17 is available here.