Overview of San Francisco’s Eviction Control Ordinance

San Francisco has its own Rent and Eviction Control Ordinance, found in Chapter 37 of the San Francisco Administrative Code.  Under the Ordinance, rents can only be raised by certain amounts per year and the most tenants can only be evicted for “just cause.”  This article provides an overview of the “just cause” provisions of the Ordinance. 

Who Is Covered?

The eviction controls enumerated in the Rent Ordinance previously applied only to apartment buildings with a certificate of occupancy issued before June 13, 1979. Under San Francisco Ordinance No. 296-19 (the “Haney Amendment”), the “just cause” eviction provisions in the Rent Ordinance now apply to all apartment buildings.  Pursuant to this Amendment, almost all residential buildings in San Francisco have eviction protections, including anti-harassment protection, regardless of the date of construction of the building or the number of units in the building.  One major exception is a unit in which a landlord lives with a tenant. For almost all other units, a landlord must have a “just cause” i.e., a legitimate reason recognized by the Ordinance, before evicting a tenant.

What are the Just Cause Reasons For Eviction?

The 15 just cause reasons for eviction under Ordinance Section 37.9(a) are summarized below:

Nonpayment of rent, frequently late payments, or frequently bounced checks.

Violation of a provision of the rental agreement that has not been corrected after written notice from the landlord.

Nuisance or substantial damage to the unit (waste), or “creating a substantial interference with the comfort, safety, or enjoyment of the landlord or other tenants in the building. “

Illegal use of the unit. This reason may not be used to evict a tenant from a unit that is “illegal” in the sense that it is not in compliance with applicable building codes.   

Termination of the rental agreement where the tenant refuses to execute a written extension with materially the same terms.

The tenant has, after written notice to cease, refused the landlord access to the unit as required by law.

Unapproved subtenant where the subtenant is the only person still remaining in the unit.

Move-in of the landlord or a close relative of the landlord. The tenant has a right to relocation payments.  Relocation payments set forth in Section 39.9C and can range from $2500 per tenant to tens of thousands of dollars depending on several factors like the tenant’s age, whether disabled, whether children are involved, etc.    

Sale of a unit which has been converted to a condo. Seniors and permanently disabled tenants cannot be evicted for condo conversions. Tenants have a right to a 1-year lease or 120 days with relocation payments.

Demolition or removal of the unit from housing use. The tenant has a right to relocation payments.

Capital improvements or rehabilitation with all the necessary permits that allow temporary removal of the unit from housing use. The tenant has the right to re-occupy the unit once the work is completed at the prior rent amount, as adjusted by the Rent Board’s allowable rent increases. The tenant has a right to relocation payments.

“Substantial rehabilitation” of a building that is essentially uninhabitable with all the necessary permits. The tenant has a right to relocation payments.

Ellis Act evictions which require withdrawal from rental housing use all of the units in the building or a unit detached from another structure on the same lot. Tenants evicted for this cause have a right to a relocation payment.

Lead abatement as required by the San Francisco Health Code with temporary removal of the unit from housing use for less than 30 days. The tenant has a right to a relocation payment.

Demolition or to otherwise permanent removal the rental unit from housing use in accordance with the terms of a development agreement entered into with the City.

Selling the Property

A landlord’s desire to sell his property – alone – usually does not constitute just cause.  If a lease is in effect at the time of sale, it must be honored by the new owner. Presumably, if the new owner intended to live in the unit, that would qualify as just cause based on the owner move-in exception in the Ordinance. 

Notification Requirements

To evict a tenant, the landlord must inform the tenant in writing of the just cause for eviction he or she is exercising. The termination of tenancy notice must also include a document distributed by the San Francisco Rent Board containing information covering the tenant’s rights under the San Francisco Rent Ordinance. Where the tenant speaks Chinese, Spanish, Vietnamese, Tagalog, or Russian, the landlord must attach a copy of the Rent Board document in the tenant’s primary language.

The landlord must file a copy of the termination of tenancy notice with the Rent Board within ten days of serving the notice on the tenant.

Consequences of Violating Just Cause Ordinance

A wrongful eviction occurs when a landlord illegally forces a tenant to move out of an eviction-controlled unit. This can be either a permanent or temporary ouster. Landlords wrongfully evict tenants in many ways. A landlord can be found liable for the lost rental value of the rent-controlled unit, moving costs, statutory relocation fees, emotional distress and a discretionary award of triple damages.

Lynx Legal has substantial experience handling evictions in San Francisco, having handled such evictions over the past 12 years.   We will ensure all your documentation is in order and complete so that the eviction proceeds smoothly and efficiently.  Please contact us at 888-441-2355 or info@lynxlegal.com to discuss any issues raised by your landlord-tenant relationship.  You may also schedule a free telephonic consultation on our website to discuss your issues, and whether an eviction is supported by your particular situation.