1300 Obligation to Offer Vacated Unit to Tenants (8/24/83) 1301 - 1309 (RESERVED) 1310 All Evictions: Specificity of Good Cause in Notice and Complaint 1311 Alleging Compliance in Complaint 1312 Filing of Notices and Complaints with Rent Board 1313 - 1379 (RESERVED) 1380 Evictions for Occupancy by Landlord or Relative 1381 Evictions for Occupancy by Landlord, Lessor or Relative: Definition of Principal Residence 1382 - 1399 (RESERVED)
(A) When the landlord seeks in good faith to recover possession of a rental unit for his or her own use and occupancy as his or her principal residence, or for the use and occupancy as the principal residence of the landlord's child, or parent pursuant to Ordinance 13.a(9) and the person for whose use recovery of the unit is sought already occupies a unit on the same property parcel and said unit will become vacant as a result of the landlord's recovery of possession; the landlord shall accord the tenant(s) who will be displaced by said recovery of possession the right of first refusal to occupy the unit to be vacated by the landlord or the landlord's relative.
(B) Said offer shall be upon substantially the same terms and conditions as the existing rental agreement between the landlord and the tenant(s) and at a rent not in excess of the current lawful rent ceiling for the unit vacated by the landlord or the landlord's relative pursuant to the provisions of the Ordinance and the regulations of the Board.
(C) If the number of persons who may, under applicable state law or local ordinance, lawfully occupy the unit vacated by the landlord or landlord's relative is less than the number of persons currently occupying the unit for which recovery of possession is sought, the landlord may condition the offer of the vacated unit upon the tenant's agreement to reduce the number of occupants to the maximum lawful level. In such circumstances, the determination as to which tenants shall occupy the vacated unit and which shall find other housing shall be made by the tenants themselves. In the event that no agreement can be reached among the tenants, the landlord shall have no obligation to offer the vacated unit to any of the tenants.
[Effective Date: August 24, 1983]
(A) The specific good cause and every element of that good cause as set forth in Section 13(a)(1) through (10) shall be stated in writing as part of the notice of termination or the notice to quit to the tenant.
(B) The notice of termination or notice to quit upon which an unlawful detainer or other possessory action is based shall be attached as an exhibit to the complaint filed in such action.
(C) A landlord's failure to specify good cause and every element of that good cause as set forth in Section 13(a)(1) through (10) of the Ordinance in the notice of termination or the notice to quit and in the complaint for possession shall be a defense to any action for possession of a rental unit covered by this Ordinance.
[Effective Date of Subsections (A) and (B): November 26, 1980; of Subsection (C): March 25, 1981.]
[Original policy of subsections (A) and (B) adopted August 20, 1980, amended by rule adopted November 26, 1980]
(A) In any action to recover possession of a rental unit covered by the Ordinance, except an action to recover possession under subsections 13(a)(7) and 13(a)(8), a landlord shall allege in the complaint for possession substantial compliance with the implied warranty of habitability and compliance with Section 10 (Rent Ceiling) of the Ordinance for the rental unit which is the subject of the action to recover possession, and a landlord shall allege in the complaint for possession compliance with Section 8 (Rent Registration) of the Ordinance for all rental units in the property which contains the rental unit which is the subject of the action to recover possession.
(B) A landlord's failure to comply with the requirement of subsection A shall be a defense to any action for possession of a rental unit covered by the Ordinance.
[Effective Date: May 13, 1981.]
(A) Pursuant to Ordinance 13(d), landlords must file with the Board a copy of any notice of termination, notice to quit, and/or summons and complaint, within ten (10) days after the tenant has been served with such notice or summons and complaint. The purpose of this requirement is to provide the Board with information from which it may, among other things: (1) ensure compliance with the "good cause" provisions of Section 13(b) of the Ordinance; (2) determine what type of units are being removed from the rental housing stock, e.g., single family homes, condominiums, multi-unit buildings; (3) determine the reasons units are being removed from the rental market, e.g., owner occupancy, Ellis eviction, conversion to condominium, rehabilitation.
(B) A landlord's failure to file any notice of termination, notice to quit, and/or summons and complaint as set forth in Section 13(d) of the Ordinance shall be a defense to any action for possession of a rental unit covered by this Ordinance.
[Effective April 21, 1995]
(A) The landlord shall specifically identify in writing in the notice of termination and in the complaint for unlawful detainer the name and relationship to the landlord of the individual for whom the landlord seeks to recover possession of the property for occupancy as a principal residence. Failure to comply with this requirement shall constitute a defense to the eviction action and shall render the notice of termination legally invalid.
(B) Inclusion of the name and relationship of the person for whom the landlord seeks to recover possession in the notice of termination and the complaint for possession shall be one element to be considered in the determination of whether or not the good faith requirement of Section 13(a)(9) has been met.
(C) If the individual(s), named in the notice of termination, for whom possession was recovered under Section 13(a)(9) occupies the rental unit as his/her/their principal place of residence for a period of less than six consecutive months following the date that the tenant vacated the unit, there shall be a presumption that the eviction was not in good faith.
[Effective Date: November 26, 1980.]
[Original policy adopted November 20, 1980, amended by rule adopted November 26, 1980.]
[Reference: See also Ordinance Section 15(b) regarding good/bad faith of landlord.]
Regulation 550 shall apply to define principal residence for purposes of Ordinance Sections 13(a)(9) and 13(a)(10).
[Effective Date: November 26, 1980.]