Rent Board Amends the Rules & Regulations re Temporary Evictions for Capital Improvements
After a public hearing on January 28, 2020, the Rent Board Commissioners unanimously approved proposed amendments to Rules and Regulations sections 12.15, 12.16, and 12.17 regarding temporary evictions for capital improvement work.
The amendments to the Rules and Regulations were in response to the passage of recent amendments to Rent Ordinance Section 37.9(a)(11) [Ord. No. 245-19] by the Board of Supervisors, which clarified and made changes to the requirements for a capital improvement eviction and also modified the factors that the Rent Board must consider when reviewing a landlord’s Petition for Extension of Time to complete capital improvement work.
As summarized below, the changes to Rules and Regulations Sections 12.15, 12.16 and 12.17 are intended to help implement the new Ordinance amendments and clarify the procedures that must be followed when a tenant is temporarily evicted for capital improvement work.
- Section 12.15(b) was amended to list the information and documentation that must be provided by the landlord with the capital improvement eviction notice, in conformance with Ordinance Sections 37.9(a)(11), 37.9(c), 37.9(j), and 37.9C.
- Section 12.15(c) was amended to clarify that the amount of relocation payments that must be paid for temporary evictions of less than 20 days is governed by Civil Code Section 1947.9 and not Ordinance Section 37.9C.
- Section 12.15(e)(1)(C) was amended to state that the landlord’s Petition for Extension of Time to complete capital improvement work must state whether or not any of the work is elective in nature, which is a factor that the ALJ must now consider when reviewing the landlord’s Extension of Time petition pursuant to amended Ordinance Section 37.9(a)(11)(C).
- Section 12.16(a) was amended to describe the procedures that a landlord must follow in order to notify the tenant that the unit is ready for reoccupancy once the work is completed.
- Section 12.16(c) was added to state 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, in conformance with amended Ordinance Section 37.9(a)(11)(C)(iii).
- Section 12.17 was amended to allow Rent Board staff to request that the notice to vacate for capital improvement work include a blank change of address form for the tenant, as required by amended Ordinance Section 37.9(a)(11)(A).