Section 12.16 Reoccupancy Following Evictions Under Section 37.9(a)(11)

(Formerly Section 12.15; amended February 10, 1987, effective February 14, 1987 and applicable to notices to vacate served on or after that date; Subsection (a) amended September 8, 2009, to be effective November 1, 2009)

(a) Where a tenant has vacated a unit to allow a landlord to carry out capital improvements or rehabilitation work, pursuant to Section 37.9(a)(11) of the Ordinance, the landlord shall advise the tenant, in writing, immediately on completion of the improvements, and shall allow the tenant to reoccupy the unit as soon as the improvements or rehabilitation work is completed, and shall not increase the rent for such reoccupancy by more than the limitations set forth in Section 4 above. The tenant shall have 30 days from receipt of the landlord’s offer of reoccupancy to notify the landlord of acceptance or rejection of the offer and, if accepted, shall reoccupy the unit within 45 days of receipt of the landlord’s offer.

(b) If the time period allowed to perform the work pursuant to Section 12.15 above has passed and the landlord has not informed the tenant that the unit is ready for reoccupancy, the tenant may file a decrease in service petition and/or a report of alleged wrongful eviction. Upon a proper showing, the tenant may be awarded a rent reduction to correspond with the decrease in services calculated by the difference between the monthly rent formerly paid for the unit from which the tenant was displaced and the monthly rent paid for the replacement unit.