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New Limit On San Francisco Owner-Move-In Evictions

Ordinance No. 33-10, which was recently passed by the Board of Supervisors and signed by the mayor, became effective on March 14, 2010. The Ordinance amendment adds new section 37.9(j), which generally provides that a tenant who has resided in the unit for at least one year, and has a child under the age of 18 who also resides in the unit, may not be evicted during the school year for an owner or relative move-in eviction.

However, there are two exceptions: an owner move-in eviction may proceed if there is only one unit owned by the landlord in the building; or, if there are multiple units in the building, an owner move-in eviction may proceed if the owner will move into the unit with a minor child. These exceptions do not apply to relative move-in evictions. The eviction notice for owner/relative move-in must inform the tenant of this new restriction, and that the tenant must submit a written claim of such protected status with supporting documentation within 30 days of receipt of the landlord's notice. Any dispute regarding a tenant's protected status may be decided by the court or the Rent Board.