Section 12.15 Evictions Regarding Capital Improvement or Rehabilitation Work

(Amended February 10, 1987, effective February 14, 1987 and applicable to notices served on or after that date; amended January 9, 2007)

(a) For purposes of an eviction under Section 37.9(a)(11) of the Ordinance, the capital improvement and/or rehabilitation work to be done must involve work that would make the unit hazardous, unhealthy, and/or uninhabitable while work is in progress. If there is a dispute between the landlord and the tenant as to whether the work that is to be performed creates a hazardous or unhealthy environment, the tenant may file a report of alleged wrongful eviction with the Board.

(b)     (1) Copies of all necessary permits, a description of work to be done and a reasonable approximate date (month and year) when the tenant can reoccupy the unit shall be given to the tenant on or before the date of service of the notice to vacate. On or before the date of service of the notice to vacate, the landlord also must advise the tenant in writing that the permit application and the rehabilitation or capital improvement plans, if required by the Bureau of Building Inspection, are on file with the Central Permit Bureau of the Department of Building Inspection located at 1660 Mission and arrangements may be made to review such applications or plans.

(2) The tenant will vacate the unit only for the minimum time required to do the work as stated in the notice, not to exceed three months, unless the time is extended by the Board upon petition by the landlord pursuant to subsection (e) below.

(c) Displaced tenants should advise the Board and the landlord of their temporary addresses during the period of displacement in order that they may be notified regarding their relocation.

(d) Moving Costs

Any landlord who seeks to recover possession of a unit pursuant to Section 37.9(a)(11) of the Ordinance shall pay relocation expenses as provided in Section 37.9C of the Ordinance.

(e) Landlord's Petition for Extension of Time

(1) Before giving the notice to vacate, if the landlord knows or should know that the work will require the removal of the tenant(s) for more than the three months authorized under Ordinance Section 37.9(a)(11), the landlord shall petition the Rent Board for approval of displacement for more than three months. The petition shall include one original and copies for each involved tenant of the following documents:

(A) A completed petition form;

(B) Copies of all necessary building permits, showing approval has been granted;

(C) A written breakdown of the work to be performed, detailing where the work will be done and the cost of the work;

(D) An estimate of the time needed to accomplish the work and approximate date (month and day) each involved tenant may reoccupy.

(2) If, after the notice to vacate has been given or after the work has commenced, it is apparent that the work will take longer than the three months authorized under Section 37.9(a)(11) or longer than the time approved by the Board, the landlord immediately shall file a petition pursuant to subsection (e)(1) above, along with a statement of why the work will require more time.

(3) A hearing on the landlord's petition shall be scheduled within 30 days of the date of filing the petition and conducted pursuant to Part 11 of these Rules and Regulations. The Administrative Law Judge shall render a written decision as to the reasonableness of the landlord's time estimate. The tenants or the landlord may appeal this determination by filing an appeal with the Commissioners pursuant to Ordinance Section 37.8(f).

(f) Nothing in this section shall preclude a tenant from filing a report of alleged wrongful eviction with the Board.