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; amended January 28, 2020)

(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)  In addition to general eviction notice requirements, a landlord who endeavors to recover possession under Ordinance Section 37.9(a)(11) shall provide the tenant with the following documents and information in writing on or before service of the notice to vacate and file a copy of same with the Rent Board within 10 days after service of the notice to vacate on the tenant, together with a copy of the notice to vacate and proof of service upon the tenant:

(1)  a statement in the notice to vacate of the lawful rent for the unit;

(2)  a description of work to be done and an anticipated date of completion as to when the tenant can reoccupy the unit;

(3)  copies of all necessary permits, and a written statement 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 Street and arrangements may be made to review such applications or plans;

(4)  the right the tenant(s) may have to relocation costs under Ordinance Section 37.9C, the amount of those relocation costs, and a copy of Section 37.9C;

(5)  a warning that the tenant must submit a statement to the landlord within 30 days of service of the notice to vacate, with supporting evidence, if the tenant claims to be a member of a protected class under Ordinance Sections 37.9(j), and that failure to do so shall be deemed an admission that the tenant is not protected by Sections 37.9(j);                       

(6)  a form prepared by the Rent Board stating that a tenant’s failure to timely act in response to a notice to vacate may result in a lawsuit by the landlord to evict the tenant, that advice regarding the notice to vacate is available from the Rent Board, and that the tenant may be eligible for affordable housing programs through the Mayor’s Office of Housing and Community Development; and

(7)  a blank change of address form prepared by the Rent Board that the tenant can use to keep the landlord and Rent Board apprised of any future change of address and that advises the tenant of the tenant’s right to return to the unit upon completion of the capital improvement or rehabilitation work.

(c)  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. 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 for 20 days or more shall pay relocation expenses as provided in Section 37.9C of the Ordinance. The amount of relocation payments under Ordinance Section 37.9(a)(11) for temporary evictions of less than 20 days is governed by California Civil Code Section 1947.9 and not Ordinance Section 37.9C.

(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, the cost of the work, and whether all of the work is reasonable and necessary to meet state or local requirements concerning the safety or habitability of the building or the unit, or whether any of the work is elective in nature;

(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.