Rent Board Hearings On Elderly Or Disabled Status Of Tenants Limited To Owner Move-In Evictions
At its meeting on April 3, 2007, the Rent Board voted to limit Rent Board hearings on tenants' claims of protected status to those situations specified in Ordinance Section 37.9(i)(4) where the landlord "seeks to recover a rental unit by utilizing the grounds enumerated in Section 37.9(a)(8)". Therefore, such Rent Board determinations are available only if the landlord wants to recover possession of the tenant's unit for owner-occupancy and the tenant claims protected status. Determinations are not available at the Rent Board either for owners who want to sell the property or for owners who want to recover possession of a tenant's unit based on an Ellis eviction.
Landlords who seek to recover possession of the unit for owner-occupancy may request a Rent Board determination by completing Form I of the landlord petition for Operating and Maintenance Expenses and checking the "other" box with a request to determine the tenant's claim of protected status. In the alternative, the landlord may ask the court to decide the tenant's claim of protected status.