Sec. 37.9D Foreclosure Evictions

[Added by Ord. 60-10, effective April 25, 2010]

(a) Foreclosure is defined for purposes of this Section 37.9D as the reversion or transfer of title to a property to a lender, mortgagee, or beneficiary of a deed of trust, or an agent thereof, in full or partial satisfaction of a defaulted obligation.  This definition of "foreclosure" includes but is not limited to the definitions in California Civil Code section 2924.

(b) Any residential tenant who was in possession of a rental unit at the time of foreclosure, where that dwelling or unit is otherwise exempted from the eviction control provisions of Chapter 37 by Sections 37.2(r)(5), (6) or (7), may not be evicted by the person or entity who took title through foreclosure (see Section 37.9D(a)), except for just cause as provided in Section 37.9 and related provisions of Chapter 37, or at the end of the tenant's existing lease, whichever occurs later. 

(c) To the extent permissible under state and federal law, any residential tenant who has a valid lease or rental agreement at the time of foreclosure may enforce that rental agreement after foreclosure.

(d) A tenant whose landlord recovers possession or endeavors to recover possession of the unit in violation of this section may exercise any remedies available under this Chapter or under other applicable law.

(e) Within 15 days after foreclosure of a residential property subject to this Section 37.9D, the person or entity that takes title must provide to the tenant or tenants in the property (see Subsection 37.9D(b)) notice of their rights under this Section 37.9D.

(i) The notice shall be in the following form in bold type of at least 14 points:

NOTICE UNDER SAN FRANCISCO ADMINISTRATIVE CODE SECTION 37.9D.

To all tenants residing at:                                                       (property address).

Date:                                                   .

The person or entity named below obtained title through foreclosure to the property in which you reside, on:                                                    (date).

You are hereby advised that under San Francisco Administrative Code Section 37.9 you may not be evicted from the rental unit in which you reside unless the landlord has a just cause for eviction under Section 37.9(a) of the San Francisco Administrative Code.

Additional information on your tenant rights under this ordinance is available from the San Francisco Residential Rent Stabilization and Arbitration Board, 25 Van Ness Avenue, San Francisco, California, telephone number (415) 252-4602.

Name of lender and contact telephone number:                                     .

(ii) Notice required by this Section 37.9D shall be provided either:  by both posting a copy of the notice in a conspicuous place on the property and by first-class mail to each affected residential unit; or by posting a copy of the notice in a conspicuous place on the property and in a prominent place on each affected residential unit.

(iii) It shall be a defense to an eviction utilizing the just cause provisions of Section 37.9, if a landlord who is required to provide the notice required by this Section 37.9D endeavors to recover possession prior to providing this notice and the notice required by Civil Code section 1962.