San Francisco Tenant Relocation Payments Increased for No - Fault Evictions

December 1, 2006

 

Pursuant to the recent San Francisco election, Proposition H was passed.  This new law requires landlords to pay specific relocation amounts to tenants evicted on or after August 10, 2006 under each of the following circumstances:

·         Owner move-in (“OMI”)

·         Demolition or permanent removal from housing use

·         Temporary evictions to perform capital improvement work

·         Substantial rehabilitation

            Relocations Amounts:

·         $4,500.00 for each occupant (regardless of age, or whether the individual is a sub-tenant), who has resided in the unit for at least one year.  The cap for relocation payment is $13,500.00 per unit.

·         Additional $3,000.00 payment for each of the following:

(1)  Tenants 60+ years old or disabled

(2)  Household with one or more children

·         These amounts will be adjusted annually based on the CPI beginning March 1, 2007.

Note:   Under this law, landlords of single family dwellings and condos are also subject to relocation payments (whereas in the past, such units were exempt from OMI relocation payments).

Further Note: This new San Francisco law does not change the relocation benefits for Ellis Act evictions - which is a state law.  However, the relocation payments mandated under this law are very similar to the requirements under the Ellis Act.  (For more information regarding the Ellis Act, refer to the article, A Primer on the Ellis Act and OMI Evictions in San Francisco, www.szetolawgroup.com/EllisActOMI.html)

 

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