June 29, 1999June 18, 1999
NOTICE OF PUBLIC HEARING
DATE: JUNE 29, 1999
TIME: 6:00 P.M.
PLACE: 25 VAN NESS AVENUE (AT MARKET ST.)
SUITE 70 Lower Level
SAN FRANCISCO, CALIFORNIA
PROPOSED AMENDMENTS TO RULES AND REGULATIONS SECTION 12.18, PROCEDURES REGARDING EVICTIONS UNDER SECTION 37.9(a)(11), DELETING SAME SECTION
The Rent Stabilization and Arbitration Board Commissioners are proposing an amendment to the language in Section 12.18 of the Rules and Regulations. The Commission is proposing to delete the entire section of the Rules and Regulations as the provisions are provided for in the Ordinance.
Written comments may be submitted prior to the hearing. Persons wishing to respond should do so by noon Thursday June 24, 1999 to ensure that Commissioners have time to consider submissions. Oral testimony will also be taken on the 29th.
DELETION OF THE ENTIRE SECTION IS PROPOSED:
Section 12.18 Procedures Regarding Evictions under Section 37.9(a)(13)
(Formerly Section 12.17 adopted October 29, 1986; numerical correction to subsection (j) August 20, 1996)
(a) Notice of Intent to Board [37.9A(g)(1)]
Prior to service of any notice on tenants to terminate their tenancy pursuant to Section 37.9(a)(13) of the Ordinance, the owner shall serve on the Board either by personal delivery or by registered or certified mail a written Notice of Intention to Withdraw on a form approved by the Board, together with a Memorandum of Notice as prescribed by Ordinance Section 37.9A(g)(2). Such Notice of Intention shall contain a statement under penalty of perjury providing the following information:
(1) The names and address of all owners of the property;
(2) The address of all residential units on the property;
(3) The legal description of the property;
(4) The name and address of each tenant residing on the property;
(5) The rent being charged each tenant at the time the notice to vacate is served on the tenants;
(6) The date tenancy commenced and the rent history for each tenant commencing April 1, 1981; and
(7) Any actions which the landlord has been required by law to file to terminate one or more existing tenancies at the property, other than under Section 37.9(a)(13).
(b) Board Determination of Sufficiency of Notice of Intent [37.9A(g)(1) & (3)]
If the owner provides all required information on the Notice of Intent submitted to the Board, the Board shall notify the owner and tenants that the notice and Memorandum are sufficient and that the notice is accepted for filing. The Board shall place on the Memorandum of Notice the statement required by section (c)(1) below and shall return the Memorandum to the owner for recording. If the owner fails to provide a complete notice, the Board shall return the notice to the owner stating in what respects it is incomplete. All information in the notice as submitted, other than the address and legal description of the property, shall be kept confidential and not made available to the public without a court order or the prior written consent of the individuals named therein. This restraint shall not prevent the Board from making public other documents which independently disclose information which would be considered confidential under this section.
(c) Owner’s Obligation To Record Memorandum of Notice [37.9A(g)(2) & (h)]
(1) When the Board accepts a Notice of Intent for filing, the Board shall place on the related Memorandum a statement that restraints on the property under Ordinance Section 37.9A and Government Code Sections 7060.2 through 7060.4 will apply to the owner’s successors in interest.
(2) Prior to the service of any notice to terminate tenancy pursuant to Section 37.9(a)(13) of the Ordinance and after the Board has accepted and filed the Notice of Intent to withdraw residential rental units and returned the related Memorandum of Notice, the owner shall record with the San Francisco County Recorder’s Office a Memorandum of Notice regarding withdrawal of rental unit from rent or lease. The owner shall serve upon the Rent Board by personal delivery or first class mail a conformed copy of the recorded memorandum.
(d) Notice to Terminate Tenancy [37.9A(f) & (g)(4)]
(1) Any notice to terminate tenancy which relies on Rent Ordinance Section 37.9(a)(13) shall include notice of the following:
(A) that the Board has been notified of the owner’s intent to withdraw the units, the tenant’s name and amount of rent paid;
(B) the amount of rent stated on the owner’s Notice of Intent to the Board; and
(C) that the tenant has rights and obligations under Section 37.9A, including the tenant’s right to renew the tenancy if proper notification is given within 30 days after vacating the unit and the tenant’s entitlement before vacating the premises to payment of the sum of $1,500.00, $1,750.00, $2,500.00 or $3,000.00, whichever amount the landlord in good faith believes due in the particular case.
(2) Within five (5) days of service of the notice to terminate tenancy, the owner shall serve a copy on the Board by personal delivery or certified or registered mail.
(e)
Obligation of Tenant to Advise Owner and Board of Desire to Consider Renewal of Tenancy [37.9A(c)(1)]
Any tenant who is displaced by the withdrawal of a rental unit and who desires to consider an offer to renew the tenancy pursuant to Ordinance Section 37.9A(c) in the event the unit is again offered for rent or lease may notify the owner and the Board in writing within thirty (30) days after vacating the unit. This notice must include an address to which the owner’s offer is to be directed. Displaced tenants should advise the owner and the Board of any change of address to which the offer is to be directed.
(f) Obligation of Owner To Notify Board Prior to Offering Previously Withdrawn Units For Rent Or Lease [37.9A(c)(2)]
At least thirty (30) days prior to offering to rent or lease any previously withdrawn unit within ten years after the date on which the unit became vacant pursuant to Section 37.9(a)(13) of the Ordinance, the owner must first notify the Board in writing either by personal delivery or by registered or certified mail of the intention to offer the unit for residential rent or lease.
(g) Obligation of Owner to Offer Previously Withdrawn Units to Displaced Tenants [37.9A(c)(1) & (2)]
Whenever a previously withdrawn unit is again offered for rent or lease, the owner must first offer such unit to the displaced tenants who notified the owner and the Board pursuant to Ordinance Section 37.9A(c)(1) of their wish to consider such an offer. If the tenants did not so notify the owner of their wish to consider such an offer, the owner still must first offer such unit to the displaced tenants who request the offer in writing within thirty (30) days after the owner has notified the Board of an intention to offer the unit for residential rent or lease.
(h) Owner’s Liability Under Ordinance Section 37.9A [37.9A(e) & (c)(2)]
(1) If the owner offers a previously withdrawn unit for rent or lease within one year after it became vacant, the owner may be liable to the displaced tenants for actual and punitive damages as provided by Ordinance Section 37.9A(e).
(2) If the owner fails to offer previously withdrawn units to displaced tenants as prescribed by Ordinance Section 37.9A(c)(2), the owner may be liable to the displaced tenants for punitive damages as provided by Ordinance Section 37.9A(c)(2).
(i)
Maximum Rents On Withdrawn Units Subsequently Offered For Rent Or Lease [37.9A(a)]
If one or more units withdrawn under Ordinance Section 37.9(a)(13) are subsequently offered for rent or lease, the maximum rent for such unit(s) is that which would have been allowed had the prior tenants remained in continuous occupancy. The owner must first petition the Board for an arbitration hearing to impose rent increases which exceed the limitations set forth in Part 4 of these Regulations.
(j) Units Constructed On The Same Property As Previously Withdrawn Units [37.9A(b)]
If one or more new residential rental units are constructed on the same property from which units were withdrawn and demolished, and such units are offered for rent or lease within five (5) years of the date the last of the original units became vacant, the newly constructed units shall be subject to the provisions of the San Francisco Rent Ordinance, notwithstanding Section 37.2(p)(5) or any other provision of the Rent Ordinance. The Board shall determine the allowable rents on the newly constructed units which are necessary to provide a fair and reasonable return.
(k) Owner’s Obligation to Report the Status of the Withdrawn Units to the Board [37.9A(i)]
(1) For a period of five years from the date the Board accepts the Notice of Intent to Withdraw, the owner and any successor in interest must report to the Board in writing under penalty of perjury by either personal delivery or certified or registered mail of the status of the withdrawn units. Such report must be submitted no later than the third and sixth calendar months following the month in which the Notice of Intent is accepted by the Board and thereafter annually no later than December 31st of each calendar year. Such report shall provide the following information for each such unit:
(A) whether the unit has been demolished;
(B) if not, whether it is in use and whether it is in residential use;
(C) if the unit has been demolished and one or more new units have been constructed on the property, whether any units are in residential use; and
(D) the date any residential tenancy began, the name(s) of the tenant(s) and the amount of rent charged.
(2) The Board shall maintain a record of such reports and may investigate the status of the property when such reports are improperly completed or untimely submitted.
(3) The Board shall endeavor to notify each person who is reported as having become a tenant at the property that the Board maintains a record of such reports and that the rent of the unit may be restricted.