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; amended January 28, 2020)

(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 landlord shall notify the tenant by mailing a written offer to the address that the tenant has provided to the landlord. If the tenant has not provided the landlord a mailing address, the landlord shall mail the offer to the address on file with the Rent Board, and if the Rent Board does not have an address on file, then to the unit from which the tenant was displaced and to any other physical or electronic address of the tenant of which the landlord has actual knowledge. The landlord shall file a copy of the offer with the Rent Board within 15 days of the offer. 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. If the landlord’s offer is sent to the tenant by mail, the request shall be deemed received on the fifth calendar day after the postmark date.

(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.

(c)  If the landlord does not timely allow the tenant to reoccupy the unit, and upon completion of the work the subsequent occupant is someone other than the original tenant, there shall be a rebuttable presumption that the original tenant did not reoccupy the unit due to the delay and therefore, for purposes of restricting the rent as set forth in Ordinance Section 37.3(f)(1), that the original tenancy was terminated by the landlord.