Rent Board Amends the Rules and Regulations in Response to Recent Amendments to the Ordinance Extending Eviction Controls to New Construction and Sub Rehab Units

After a public hearing on June 16, 2020, the Rent Board Commissioners unanimously approved proposed amendments to Rules and Regulations sections 1.17 and 1.18. The amendments are intended to conform the Rent Board’s Rules and Regulations to the recent Ordinance amendments (aka “the Haney amendments”) that extended eviction controls to units built after June 13, 1979, and properties that have undergone a substantial rehabilitation. The amendments to Rules and Regulations sections 1.17 and 1.18 are summarized below: 

Rule 1.17

Previously, units constructed after June 13, 1979 (including live/work units) and properties that had undergone a substantial rehabilitation were entirely exempt from the Rent Ordinance (both the rent increase limitations and eviction controls). While the Haney amendments extended eviction controls to these units, Rent Board Rule 1.17(e-g) still described these units as wholly exempt from the Ordinance. Accordingly, the Rent Board Commissioners amended Rent Board Rule 1.17 to delete sections (e-g), and to reletter sections (h-i). 

Rule 1.18

The Haney amendments added Rent Ordinance Section 37.3(g), which states that newly constructed rental units built after June 13, 1979 and properties that have undergone a substantial rehabilitation are not subject to the rent increase limitations of the Ordinance (although they are covered by the Rent Ordinance for all other purposes). The Board’s amendments to Rent Board Rule 1.18 added section “(a)”, which further interprets the term “new construction” in Rent Ordinance Section 37.3(g). While the definition of “new construction” was mostly unchanged by the Board’s amendments (the same description was previously located in deleted Rent Board Rule 1.17(e-f), the Rent Board Commission did clarify in the amendments that the definition of “new construction” does not include units where there was residential use of the unit prior to the issuance of the Certificate of Occupancy.

The full text of the Rent Board’s Rules and Regulations can be found here.