This Section
37.9A applies to certain tenant displacements under Section
37.9(a)(13), as specified.
(1) Except as provided in Section
37.9A(a)(2) below, any rental unit which a tenant vacates after receiving a notice to quit relying on Section
37.9(a)(13) (withdrawal of rental units from rent or lease under the Ellis Act, California Government Code Sections 7060
et seq.), if again offered for rent or lease, must be offered and rented or leased at a rent not greater than the lawful rent in effect at the time the notice of intent to withdraw rental units is filed with the Board, plus annual rent increases available under this
Chapter 37.
(A) The provisions of Section
37.9A(a)(1) apply to all tenancies commenced during either of the following time periods:
(i) The five-year period after a notice of intent to withdraw the rental units is filed with the Board, whether or not the notice of intent is rescinded or the withdrawal of the units is completed pursuant to that notice;
(ii) The five-year period after the rental units are withdrawn.
(B) This Section
37.9A(a)(1) shall prevail over any conflicting provision of law authorizing the landlord to establish the rental rate upon the initial hiring of the unit.
(C) If it is asserted that the rent could have been increased based on capital improvements, rehabilitation or substantial rehabilitation, the owner must petition the Rent Board pursuant to the procedures of Section
37.7 of this Chapter. No increase shall be allowed on account of any expense incurred in connection with withdrawing any unit from rent or lease.
(2) If a new tenancy was lawfully created in a unit before January 1, 2003, following a lawful withdrawal of the unit from rent or lease under Section
37.9(a)(13), any subsequent new tenancies for that rental unit are not subject to the rent limitations in Section
37.9A(a)(1).
(b)
Treatment of Replacement Units. If one or more units covered by Subsection (a) is demolished, and one or more new units qualifying as rental units under this Chapter but for the date on which they first receive a certificate of final completion and occupancy are constructed on the same property, and offered for rent or lease within five years of the date the last of the original units became vacant, the newly constructed units shall be offered at rents not greater than those reasonably calculated to produce a fair and reasonable return on the newly constructed units, notwithstanding Section 37.3(g) or any other provision of this Chapter. The provisions of this Chapter shall thereafter apply. The Board shall adopt rules for determining the rents necessary to provide a fair and reasonable return. (c) Rights to Re-Rent. Any owner who again offers for rent or lease any unit covered by Subsection (a) shall first offer the unit for rent or lease to the tenants or lessees displaced from the unit as follows:
(1) If any tenant or lessee has advised the owner in writing within 30 days of displacement of his or her desire to consider an offer to renew the tenancy and has furnished the owner with an address to which that offer is to be directed, the owner must make such an offer whenever the unit is again offered for rent or lease within two years of withdrawal. That tenant, lessee, or former tenant or lessee may advise the owner at any time of a change of address to which an offer is to be directed.
(2) Notwithstanding Subsection (c)(1), if the unit is offered for rent or lease within 10 years of withdrawal, the owner shall notify the Rent Board in writing of the intention to re-rent the unit and make an offer to the tenant or lessee whenever the tenant or lessee requests the offer in writing within 30 days after the owner has notified the City of an intention to re-rent the unit. If the unit is offered for rent or lease more than two years after the date the unit was withdrawn from rent or lease, the owner shall be liable to any tenant or lessee who was displaced for failure to comply with this Subsection (c)(2), for punitive damages in an amount which does not exceed the contract rent for six months.
(3) If any former tenant or lessee has requested an offer to renew the tenancy, either directly to the landlord or after notice from the Rent Board, then the owner shall offer to reinstitute a rental agreement or lease at rents permitted under Subsection (a). This offer shall be deposited in the United States mail, by registered or certified mail with postage prepaid, addressed to the displaced tenant or lessee at the address furnished to the owner as provided by the tenant and shall describe the terms of the offer. The displaced tenant or lessee shall have 30 days from the deposit of the offer in the mail to accept the offer by personal delivery of that acceptance or by deposit of the acceptance in the United States mail by registered or certified mail with postage prepaid.
(4) If more than one tenant or lessee attempts to accept the offer for a given unit, the landlord shall notify each tenant or lessee so accepting that other acceptances have been received, and shall further advise each such tenant or lessee of the names and addresses of the others. If all such tenants or lessees do not within 30 days thereafter agree and notify the landlord of which tenant(s) or lessee(s) will reoccupy the unit, the tenant(s) or lessee(s) who first occupied the unit previously shall be entitled to accept the landlord's offer. If more than one eligible tenant or lessee initially occupied the unit on the same date, then the first such tenant or lessee to have originally sent notice accepting the landlord's offer shall be entitled to occupy the unit.
(d) Re-Rental Within Two Years. If a unit covered by Subsection (a) is offered for rent or lease within two years of the date of withdrawal:
(1) The owner shall be liable to any tenant or lessee who was displaced from the property for actual and exemplary damages. Any action by a tenant or lessee pursuant to this paragraph shall be brought within three years of withdrawal of the unit from rent or lease. However, nothing in this paragraph precludes a tenant from pursuing any alternative remedy available under the law.
(2) The City may institute a civil proceeding against the owner who has again offered the unit for rent or lease, for exemplary damages for displacement of tenants or lessees. Any action by the City pursuant to this paragraph shall be brought within three years of the withdrawal of the unit from rent or lease.
(e) Relocation Payments to Tenants.
(1)
Before August 10, 2004, Low Income, Elderly or Disabled. Where a landlord seeks eviction based upon Section 37.9(a)(13), and the notice of intent to withdraw rental units was filed with the Board before August 10, 2004, the relocation payments described in this Subsection 37.9A
(e)(1) shall be limited to tenants who are members of lower income households, who are elderly, or who are disabled, as defined below. (A) Tenants who are members of lower income households, as defined by Section 50079.5 of the California Health and Safety Code, and who receive a notice to quit based upon Section
37.9(a)(13), in addition to all rights under any other provisions of law, shall be entitled to receive $4,500, $2,250 of which shall be paid within fifteen (15) calendar days of the landlord's receipt of written notice from the tenants of their entitlement to the relocation payment, and $2,250 of which shall be paid when the tenants vacate the unit.
(B) With respect to Subsection
37.9A(e)(1)(A), the Mayor's Office of Housing or its successor agency shall annually determine the income limits for lower income households, adjusted for household size.
(C) Notwithstanding Subsection
37.9A(e)(1)(A), and irrespective of the size of the unit, any tenant who receives a notice to quit under Section
37.9(a)(13) and who, at the time such notice is served, is 62 years of age or older, or who is disabled within the meaning of Section 12955.3 of the California Government Code, shall be entitled to receive $3,000, $1,500 of which shall be paid within fifteen (15) calendar days of the landlord's receipt of written notice from the tenant of entitlement to the relocation payment, and $1,500 of which shall be paid when the tenant vacates the unit.
(D) The payments due pursuant to this Subsection
37.9A(e)(1) for any unit which is occupied by more than one tenant shall be divided equally among all the occupying tenants, excluding those tenants who are separately entitled to payments under Subsection
37.9A(e)(1)(C) above.
(2)
On August 10, 2004 and until February 19, 2005. W
here a landlord seeks eviction based upon Section 37.9(a)(13) and either (i) the notice of intent to withdraw rental units is filed with the Board on or after August 10, 2004 through February 19, 2005, or (ii) the notice of intent to withdraw rental units was filed with the Board prior to August 10, 2004 but the tenant still resided in the unit as of August 10, 2004, relocation payments shall be paid to the tenants as follows: (A) Tenants who are members of lower income households, as defined by Section 50079.5 of the California Health and Safety Code, shall be entitled to receive $4,500, $2,250 of which shall be paid within fifteen (15) calendar days of the landlord's receipt of written notice from the tenants of their entitlement to the relocation payment, and $2,250 of which shall be paid when the tenants vacate the unit.
(B) Subject to Subsections
37.9A(e)(2)(C) and (D) below, tenants who are not members of lower income households, as defined by Section 50079.5 of the California Health and Safety Code, shall be entitled to receive $4,500, which shall be paid when the tenant vacates the unit;
(C) In the event there are more than three tenants in a unit, the total relocation payment shall be $13,500.00, which shall be divided equally by the number of tenants in the unit;
(D) Notwithstanding Subsection
37.9A(e)(2)(A) and (B), any tenant who, at the time the notice of intent to withdraw rental units is filed with the Board, is 62 years of age or older, or who is disabled within the meaning of Section 12955.3 of the California Government Code, shall be entitled to receive an additional payment of $3,000.00, $1,500.00 of which shall be paid within fifteen (15) calendar days of the landlord's receipt of written notice from the tenant of entitlement to the relocation payment, and $1,500.00 of which shall be paid when the tenant vacates the unit.
(3)
On or After February 20, 2005. Where a landlord seeks eviction based upon Section 37.9(a)(13), and the notice of intent to withdraw rental units is filed with the Board on or after February 20, 2005, relocation payments shall be paid to the tenants as follows: (A) Subject to Subsections
37.9A(e)(3)(B), (C), and (D) below, the landlord shall be required to pay a relocation benefit on behalf of each authorized occupant of the rental unit regardless of the occupant’s age (“Eligible Tenant”). The amount of the relocation benefit shall be $4,500 per Eligible Tenant, one-half of which shall be paid at the time of the service of the notice of termination of tenancy, and one-half of which shall be paid when the Eligible Tenant vacates the unit;
(B) In the event there are more than three Eligible Tenants in a unit, the total relocation payment shall be $13,500, which shall be allocated proportionally among the Eligible Tenants based on the total number of Eligible Tenants in the unit; and
(C) Notwithstanding Subsections
37.9A(e)(3)(A) and (B), any Eligible Tenant who, at the time the notice of intent to withdraw rental units is filed with the Board, is 62 years of age or older, or who is disabled within the meaning of Section 12955.3 of the California Government Code, shall be entitled to receive an additional payment of $3,000, $1,500 of which shall be paid within 15 calendar days of the landlord’s receipt of written notice from the tenant of entitlement to the relocation payment, and $1,500 of which shall be paid when the Eligible Tenant vacates the unit.
(D) Commencing March 1, 2005, the relocation payments specified in Subsections
37.9A(e)(3)(A) and (B) and (C) shall increase annually at the rate of increase in the "rent of primary residence" expenditure category of the Consumer Price Index (CPI) for All Urban Consumers in the San Francisco-Oakland-San Jose Region for the preceding calendar year, as that data is made available by the United States Department of Labor and published by the Board.
(E)* (i) Notwithstanding Subsections
37.9A(e)(3)(A)-(D), as of June 1, 2014, each tenant shall be entitled to a relocation payment equal to the greater of:
a. the payment specified in Subsections
37.9A(e)(3)(A)-(D); or
b. the relocation payment calculated in accordance with Subsection
37.9A(e)(3)(E)(iii) below based on the Rental Payment Differential as described in Subsection
37.9A(e)(3)(E)(ii) below.
(ii) The Rental Payment Differential is an amount equal to the difference between the unit's monthly rental rate at the time the landlord files the notice of intent to withdraw rental units with the Board, and the monthly market rental rate for a unit in San Francisco as determined by the Controller's Office, based on data on the San Francisco rental market acquired from a publication or posting of RealFacts or another analysis or analyses of the San Francisco rental market providing a reliable measure of average market rental rates in San Francisco for the immediately prior calendar year, and if that year's data is unavailable, data for the most recent prior calendar year that is available. The Controller shall establish a San Francisco Rental Payment Differential Report within five business days of the effective date of the ordinance amending this subsection (E) (Ordinance No. ), and thereafter by March 1 of each calendar year. The Controller shall provide such Report to the Rent Board, which shall make the Report publicly available on the Rent Board's website and at the Rent Board office. In determining annual changes in the rental market, the Controller shall rely on market data that reasonably reflects a representative sample of rental apartments in San Francisco. For a Rental Payment Differential based on RealFacts data, rental rates shall be determined as follows:
a. the rental rate for units with 1 Bedroom shall be based on the data from RealFacts for a unit with 1 bedroom and 1 bath;
b. the rental rate for units with 2 Bedrooms shall be based on the data from RealFacts for a unit with 2 bedrooms and 2 baths;
c. the rental rate for units with 3 or more Bedrooms shall be based on the data from RealFacts for a unit with 3 bedrooms and 2 baths; and
d. the rental rate for units without a Bedroom shall be based on the data from RealFacts for a studio.
(iii) The relocation payment for a unit shall be calculated by multiplying the Rental Payment Differential by 24 to cover a two-year period. Notwithstanding any other provision of this Section
37.9A, in no event shall the relocation payment for a unit exceed $50,000. Each tenant of the unit as of the date the landlord files the notice of intent to withdraw rental units with the Board shall be entitled to the relocation payment for that unit divided equally by the number of tenants in the unit. In addition to receiving his or her relocation payment in accordance with the calculation required by this Subsection
37.9A(e)(3)(E)(iii), any tenant who qualifies for payment under Subsections
37.9A(e)(3)(C) as adjusted by (D) shall also receive that payment. The $50,000 cap on relocation payments does not include any payments for which the tenant qualities under Subsections
37.9A(e)(3)(C) as adjusted by (D).
(iv) The landlord shall not have any obligation to pay any portion of the relocation payment under Subsection
37.9A(e)(3)(E)(i)b. to the tenant until the tenant submits to the landlord a written statement, executed by the tenant under penalty of perjury, stating that the tenant will use the relocation payment solely for Relocation Costs, as such term is defined in Section
37.9A(e)(3)(E)(vi)b. below, and which provides the address of the rental unit from which the tenant is being evicted, the name of the tenant, the name of the landlord, and the date of service of the notice of termination of tenancy (the "Declaration"). On or before the date the landlord serves the tenant with the notice of termination of tenancy, the landlord shall provide the tenant any Declaration form that the Rent Board prepares and makes available on its website and notify the tenant in writing that the landlord does not have an obligation to make any portion of the relocation payment prior to the landlord's receipt of the Declaration. If the landlord receives the Declaration on or after serving the notice of termination of tenancy, but before the tenant vacates the unit, the landlord shall pay one half of the tenant's relocation payment on receipt of the Declaration and the remaining half of the payment on the tenant's vacation of the unit. If the landlord receives the Declaration on or after the date that the tenant vacates the unit, the landlord shall pay the full amount of the relocation payment on receipt of the Declaration.
(v) For each expenditure of relocation payment, a tenant shall maintain any invoices, receipts, or other documented proof of the expenditure for a period of at least three years after the date the tenant vacates the tenant's unit. During this three-year period, the tenant shall provide the landlord a copy of such proof of expenditure within 10 business days of receipt of a written request from the landlord. The landlord may request copies of a tenant's proof of expenditure not more than twice in a 12-month period. No more than three years after the tenant has vacated the unit, the tenant shall reimburse the landlord for any portion of the relocation payment paid to the tenant that the tenant cannot demonstrate was used for Relocation Costs.
(vi) For purposes of this Section
37.9A, the following definitions apply:
a. "Bedroom" means any room that: 1. is used primarily as quarters for sleeping; 2. contains at least 70 square feet, exclusive of closets, bathrooms, or similar spaces, and 3. has at least one window opening to an area which leads either to a street, light well, courtyard or rear yard.
b. "Relocation Costs" means any of the following costs incurred by an evicted tenant: rent payments for a replacement dwelling, the purchase price of a replacement dwelling, any costs incurred in moving to a replacement dwelling, or any costs that the tenant can demonstrate were incurred to mitigate the adverse impacts on the tenant of the eviction.
c. "San Francisco Rental Payment Differential Report" means a report on the average rental values for dwelling units in San Francisco to be used in calculating relocation payments in accordance with Subsection 37.9A(e)(3)(E)(iii).
(F)* Any tenant who has received a notice of termination of tenancy, but who has not yet vacated the unit by the operative date of the ordinance creating subsection (E) and this subsection (F) (Ordinance No. ), shall be entitled to the greater of the relocation payment specified in Section
37.9A(e)(3)(A)-(D) or the relocation payment calculated in accordance with Subsection
37.9A(e)(3)(E)(iii), reduced by any payment the tenant has received under Subsections
37.9A(e)(3)(A)-(D), upon vacating the unit.
(G)* (i) If payment of the relocation payment under Subsection
37.9A(e)(3)(E)(i)b. would constitute an undue financial hardship for a landlord in light of all of the resources available to the landlord, the landlord may file a written request, on a form provided by the Rent Board, for a hearing for a hardship adjustment ("Hardship Adjustment Request") with the Rent Board, with supporting evidence. The Board, or its designated Administrative Law Judges, may order a reduction, payment plan, or any other relief they determine is justified following a hearing on the request.
(ii) At a hearing for hardship adjustment under Subsection (i), the Board, or its designated Administrative Law Judges, shall consider all relevant factors, including the number of units in the building and any evidence submitted regarding the landlord's age, length of ownership of the building, ownership of any other buildings, income, expenses, other assets, debt, health, and health care costs, except as provided in Subsection (iii).
(iii) At a hearing for hardship adjustment under Subsection (i), the Board, or its designated Administrative Law Judges, shall not consider any of the following types of assets owned by the landlord:
a. Assets held in retirement accounts; and
b. Non-liquid personal property.
(H)* Without limiting or otherwise affecting the landlord's right to obtain a hardship adjustment under Subsection
37.9A(e)(3)(G), the landlord may file a written request, on a form provided by the Rent Board, for a hearing with the Rent Board claiming that the San Francisco Rental Payment Differential Report established in Subsection
37.9A(e)(3)(E)(ii) does not reasonably reflect the market rental rate for a comparable unit in San Francisco and would result in an overpayment by the landlord ("Rent Differential Recalculation Request"). The landlord shall include evidence in support of the request. If the Board, or its designated Administrative Law Judges, grant(s) the request in whole or part, they shall order an appropriate adjustment of the payment due from the landlord.
(I)* For purposes of considering Hardship Adjustment and Rent Differential Recalculation Requests under Subsections
37.9A(e)(3)(G) and (H), the Board shall follow a process consistent with the existing Board hearing process under Section
37.8. If a landlord submits both types of hearing requests, the Board may consolidate its hearing of the two requests.
(4) Any notice to quit pursuant to Section
37.9(a)(13) shall notify the tenant or tenants concerned of the right to receive payment under Subsections
37.9A(e)(1) or (2) or (3) and the amount of payment which the landlord believes to be due.
(f) Notice to Rent Board; Recordation of Notice; Effective Date of Withdrawal.
(1) Any owner who intends to withdraw from rent or lease any rental unit shall notify the Rent Board in writing of said intention. Said notice shall contain statements, under penalty of perjury, providing information on the number of residential units, the address or location of those units, the name or names of the tenants or lessees of the units, and the rent applicable to each residential rental unit. Said notice shall be signed by all owners of record of the property under penalty of perjury and shall include a certification that actions have been initiated as required by law to terminate existing tenancies through service of a notice of termination of tenancy. The notice must be served by certified mail or any other manner authorized by law prior to delivery to the Rent Board of the notice of intent to withdraw the rental units. Information respecting the name or names of the tenants, the rent applicable to any unit, or the total number of units, is confidential and shall be treated as confidential information by the City for purposes of the Information Practices Act of 1977, as contained in Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code. The City shall, to the extent required by the preceding sentence, be considered an "agency," as defined by Subdivision (b) of Section 1798.3 of the Civil Code.
(2) Prior to the effective date of withdrawal of rental units under this Section, the owner shall cause to be recorded with the County Recorder a memorandum of the notice required by Subsection (f)(1) summarizing its provisions, other than the confidential provisions, in substantially the following form:
Memorandum of Notice Regarding Withdrawal of
Rental Unit From Rent or Lease
This memorandum evidences that the undersigned, as the owner(s) of the property described in Exhibit A attached, has filed a notice, whose contents are certified under penalty of perjury, stating the intent to withdraw from rent or lease all units at said property, pursuant to San Francisco Administrative Code Section 37.9A and the Ellis Act (California Government Code Sections 7060 et seq.).
(3) For a notice of intent to withdraw rental units filled with the Rent Board on or before December 31, 1999, the date on which the units are withdrawn from rent or lease for purposes of this Chapter and the Ellis Act is 60 days from the delivery in person or by first-class mail of the Subsection (f)(1) notice of intent to the Rent Board.
(4) For a notice of intent to withdraw rental units filed with the Rent Board on or after January 1, 2000, the date on which the units are withdrawn from rent or lease for purposes of this Chapter and the Ellis Act is 120 days from the delivery in person or by first-class mail of the Subsection (f)(1) notice of intent to the Rent Board. Except that, if the tenant or lessee is at least 62 years of age or disabled as defined in Government Code § 12955.3, and has lived in his or her unit for at least one year prior to the date of delivery to the Rent Board of the Subsection (f)(1) notice of intent to withdraw, then the date of withdrawal of the unit of that tenant or lessee shall be extended to one year after the date of delivery of that notice to the Rent Board, provided that the tenant or lessee gives written notice of his or her entitlement to an extension of the date of withdrawal to the owner within 60 days of the date of delivery to the Rent Board of the Subsection (f)(1) notice of intent to withdraw. In that situation, the following provisions shall apply:
(A) The tenancy shall be continued on the same terms and conditions as existed on the date of delivery to the Rent Board of the notice of intent to withdraw, subject to any adjustments otherwise available under Administrative Code
Chapter 37.
(B) No party shall be relieved of the duty to perform any obligation under the lease or rental agreement.
(C) The owner may elect to extend the date of withdrawal on any other units up to one year after date of delivery to the Rent Board of the Subsection (f)(1) notice of intent to withdraw, subject to Subsections (f)(4)(A) and (B).
(D) Within 30 days of the notification by the tenant or lessee to the owner of his or her entitlement to an extension of the date of withdrawal, the owner shall give written notice to the Rent Board of the claim that the tenant or lessee is entitled to stay in their unit for one year after the date of delivery to the Rent Board of the Subsection (f)(1) notice of intent to withdraw.
(E) Within 90 days of the date of delivery to the Rent Board of the notice of intent to withdraw, the owner shall give written notice to the Rent Board and the affected tenant or lessee of the following:
(i) Whether or not the owner disputes the tenant's claim of extension;
(ii) The new date of withdrawal under Section
37.9A(f)(4)(C), if the owner does not dispute the tenant's claim of extension; and,
(iii) Whether or not the owner elects to extend the date of withdrawal to other units on the property.
(5) Within 15 days of delivery of a Subsection (f)(1) notice of intent to the Rent Board, the owner shall provide notice to any tenant or lessee to be displaced of the following:
(A) That the Rent Board has been notified pursuant to Subsection (f)(1);
(B) That the notice to the Rent Board specified the name and the amount of rent paid by the tenant or lessee as an occupant of the rental unit;
(C) The amount of rent the owner specified in the notice to the Rent Board;
(D) The tenant's or lessee's rights to reoccupancy under Section 37.9A(c) if the rental unit is again offered for rent or lease by a current or future owner and to relocation assistance under Section
37.9A(e); and
(E) The rights of qualified elderly or disabled tenants as described under Subsection (f)(4), to extend their tenancy to one year after the date of delivery to the Rent Board of the Subsection (f)(1) notice of intent to withdraw.
(6) Within 30 days after the effective date of withdrawal of rental units under this Section
37.9A, the Rent Board shall record a notice of constraints with the County Recorder which describes the property and the dates of applicable restrictions on the property under this Section.
(g)
Successor Owners. The provisions of this Section 37.9A
shall apply to the owner of a rental unit at the time displacement of a tenant or tenants is initiated and to any successor in interest of the owner, subject to the provisions of Chapter 12.75 of Division 7 of Title 1 of the California Government Code (Sections 7060 et seq.). (1) Not later than the last day of the third and sixth calendar months following the month in which notice is given to the Board under Subsection (f)(1), and thereafter not later than December 31st of each calendar year for a period of five years, beginning with the year in which the six-month notice is given, the owner of any property which contains or formerly contained one or more rental units which a tenant or tenants vacated pursuant to Section
37.9(a)(13) shall notify the Board, in writing, under penalty of perjury, for each such unit:
(A) Whether the unit has been demolished;
(B) If the unit has not been demolished, whether it is in use;
(C) If it is in use, whether it is in residential use;
(D) If it is in residential use, the date the tenancy began, the name of the tenant(s), and the amount of rent charged.
If the unit has been demolished, and one or more new units constructed on the lot, the owner shall furnish the information required by items (B), (C) and (D) for each new unit. The Board shall maintain a record of the notices received under Subsection (f) and all notices received under this Section for each unit subject to this reporting requirement.
(2) The Board shall notify each person who is reported as having become a tenant in a vacated or new unit subject to the reporting requirements of Subsection (h)(1) that it maintains the records described in Subsection (h)(1), and that the rent of the unit may be restricted pursuant to Subsection (a).
(3) The Board shall maintain a register of all rental units withdrawn from rent or lease under the Ellis Act and the rent applicable to each unit at the time of withdrawal. The Board shall inform tenants displaced from units withdrawn from rent or lease at the address provided by the tenant, when the owner notifies the Board that the unit or replacement unit will again be offered for rent or lease within ten years of the date of withdrawal.
(4) The Board may investigate whether a rental unit that was withdrawn from rent or lease has been again offered for rent or lease, and whether the owner has complied with the provisions of this Section.
(i) This Section
37.9A is enacted principally to exercise specific authority provided for by Chapter 12.75 of Division 7 of Title 1 of the California Government Code, originally enacted by Stats. 1985, Ch. 1509, Section 1 (the Ellis Act, California Government Code Sections 7060
et seq.). In the case of any amendment to Chapter 12.75 or any other provision of State law which amendment is inconsistent with this Section, this Section shall be deemed to be amended to be consistent with State law, and to the extent it cannot be so amended shall be interpreted to be effective as previously adopted to the maximum extent possible.
(Added by Ord. 193-86, App. 5/30/86; amended by Ord. 320-94, App. 9/15/94; Ord. 348-99, File No. 991265, App. 12/30/99; Ord. 5-00, File No. 992236, App. 1/14/2000; Ord. 91-03, File No. 030325, App. 5/16/2003; Ord. 21-05, File No. 041151, App. 1/21/2005; Ord. , File No. 140096, Eff. 6/1/2014; Ord. , File No. 150117, App. 5/15/2015, Eff. 6/14/2015; Ord. , File No. 150646, Eff. 11/8/2015; Ord. , File No. 161081, App. 1/20/2017, Eff. 2/19/2017; Ord. , File No. 170420, App. 6/22/2017, Eff. 7/22/2017; Ord. , File No. 191105, App. 12/20/2019, Eff. 1/20/2020)
The California Court of Appeal has struck down Section 37.9A, subsection 37.9A(e)(3)(E). See Coyne v. City and County of San Francisco, 9 Cal. App. 5th 1215 (Cal. App. 1st Dist. 2017). Because subsections 37.9A(e)(3)(F), 37.9A(e)(3)(G), 37.9A(e)(3)(H), and 37.9A(e)(3)(I) implement the invalidated subsection, they too have no further effect.
