Conditional Use Requirement in Order to Owner-Occupy Approved by the Board of Supervisors - 4/16/99

The Board of Supervisors recently approved a resolution that requires owners who move into their residential property must first obtain a conditional use permit from the Department of City Planning. This law DOES NOT apply to residential buildings built after June 13, 1979, nor does it apply to buildings with two units or less (illegal units are counted for this purpose). The highlights of the resolution (Board of Supervisors’ File No. 990093) are as follows:

• It applies to any OMI eviction filed as of February 23rd, 1999;

• Please note that this law does not and cannot impede an owner’s ability to do an Ellis eviction;

• The conditional use requirement applies only to buildings of 3 units or more;

• Buildings built after June 1979 are exempt from this resolution;

• Owners must file for a conditional use permit at City Planning;

• The conditional use is supposed to be approved prior to the owner moving into the building;

• questions concerning the conditional use process should be addressed to City Planning at 558.6377.

Persons interested in obtaining more information on this topic should contact the Department of City Planning at 558.6377. While this law has implications for units subject to owner move-ins and “Ellised” units, this resolution is not part of the Rent Ordinance nor is it governed by the Rent Board. Owners are not barred from commencing Ellis Act evictions (Rent Ordinance Section 37.9(a)(13)), or any other eviction for that matter, and are not required to obtain a conditional use approval prior to commencing any eviction action permitted under the Rent Ordinance. It is highly prudent, however, to ascertain information as to the likelihood of getting a conditional use approval prior to commencing an owner move-in eviction. City Planning will have to advise you as to their requirements and the conditional use process—the Rent Board cannot provide this information.