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Owner Move-In Evictions In San Francisco

 


OWNER MOVE-IN EVICTIONS IN SAN FRANCISCO

 

On July 18, 2017, the San Francisco Board of Supervisors passed a law that will significantly affect the ability of Landlords and property owners to evict Tenants on the basis of Owner Move-Ins. 

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What are the Current Requirements for Owner Move-In Evictions?

-         The Landlord must act in good faith without ulterior reasons for the eviction

-         The Landlord must seek to use the unit for their own or an immediate family member’s principal residence for a period of 36 months commencing within 3 months of the eviction

-         There must be no comparable vacant unit available during the pendency of the eviction

-         A Landlord may only evict Tenants from one unit per building for the purposes of an Owner Move-In. 

-         If the Landlord decides to re-rent the unit within 3 years of the eviction, the Landlord must first offer the unit to the evicted Tenants

What will Change?

-         Landlords must now provide a declaration signed under penalty of perjury that the Landlord or their immediate family member intends to occupy the unit for use as a principal place of residence 36 continuous months. 

-         If the Landlord decides to re-rent the unit within 5 (increased from 3) years of the Owner Move-In eviction, the Landlord must first offer the unit to the evicted Tenants

-         Tenants now have up to three years to file suit for wrongful eviction

-         Non-profit organizations have standing to sue for wrongful evictions

When will the Changes take Effect?

The law is scheduled to become effective on January 1, 2018.  It is expected that Landlord and property owner interest groups will file lawsuits to challenge the constitutionality of this new law.  

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