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Owner Move In in San Francisco

Summary: For owners of tenant-occupied residential dwellings in San Francisco, a Notice to Terminate Tenancy for the good faith purpose that an owner or relative of the owner already living at the property want to move into the unit may be an option to recover possession. The process is complex, requiring a proper notice, declaration of intent and list of properties, among other things, payment to the tenant, and regular reporting to the Rent Board every 90 days. If the tenant does not move out at the end of the notice period, the owner must successfully evict. The process has a lot of risks, including that only one OMI is allowed, and once attempted, whether successful or not, means that a permanent lien restricting which unit is the “owner’s unit.” will be recorded. Like everything in San Francisco landlord-tenant, OMI is not for the “faint of heart.”

Note the information herein is not warrantied for any accuracy or applicability. Use at your own peril, because may be incomplete or contain errors, or even if perfect, if errantly applied could cause severe harm. You are best served by hiring an attorney as soon as possible, because your rights may become prejudiced or impaired as time passe.

Basics of Owner Move Ins or OMIs in San Francisco

What is an Owner Move in or an OMI?

An Owner Move in or an OMI for short, is a legal cause to evict a tenant who lives in a dwelling that is subject to the San Francisco Residential Rent Stabilization and Arbitration Ordinance (”SFRO”), specifically under SFRO

37.9⁠

(a)(8)(i).

How does an Owner Move in Work?

In theory, any owner who owns more than 25% of the property is allowed to move into a unit that is tenant occupied, as long as the requirements are met.

What are the requirements for an OMI?

The complete requirements are too complex to fully explain here.

Summarized, a person who owns 25% of the property must properly notice the tenant at least 60 days n advance of that owner’s good faith intent to recover possession so that owner can live in the unit.

If the tenant notifies the owner of “protected,” status, am OMI may be impossible in buildings with more than one unit, or where the owner is not a senior.

If an OMI is still possible, and the notice has been prepared correctly, at the expiration of the notice period, the lease is legally terminated.

The tenant either moves out, or if not, becomes a holdover, subject to eviction.

How long after the Notice is served must the tenant move out / What is the notice period?

Not less than 60 days, under Civil Code section

1946.1⁠

(b), unless the tenant has lived at the unit less than a year, in which case 30 days notice may suffice.

If any person who lives in the unit is in school or a teacher, the eviction cannot take place during the San Francisco Unified School District school year, per SFRO 37.9(j)(1).

What can prevent an owner from moving in?

If the notice is in any way defective.

If the tenant has “Protected,” status, generally meaning a senior, disabled, or terminally ill, when there are more than one unit in the building, if the owner does not also have that status.

If there are facts that will prove that the move is not in good faith.

If the owner has an available comparable unit.

What are the other requirements of the Notice?

The owner needs to serve the tenant with a lot of information, including the

Form 1007⁠

by the San Francisco Rent Board.

What does the Notice need to include?

The identity and percentage of ownership of all persons holding a full or partial percentage ownership in the property. SFRO 37.9B(c)(1)

The dates the percentages of ownership were recorded. SFRO 37.9B(c)(2).

The name(s) of the landlord endeavoring to recover possession and, if applicable, the name(s) and relationship of the relative(s) for whom possession is being sought and a description of the current residence of the landlord or relative. SFRO 37.9B(c)(3).

A description of all properties owned in whole or part by the landlord and relative, if applicable. SFRO 37.9B(c)(4).

current rent for the unit and a statement that the tenant has the right to re-rent the unit at the same rent, as adjusted by Section 37.9B(a). SFRO 37.9B(c)(5).

A copy of SFRO section 37.9B. SFRO 37.9B(c)(6).

The right to relocation costs & amounts, as stated by the San Francisco Rent Board’s most current

All Fees⁠

form. SFRO 37.9B(c)(7).

Payment of the applicable fees. SFRO 37.9B(d).

What else does the owner need to do?

Pay the relocation fees, which were $7,912 per person, with a maximum of $23,733 per household, plus $5,275.00 per elderly/disables/minor person, per

All Rates⁠

at time of publication.

Serve the Notice, accomplished by a third person who then executes and delivers a proof of service

File a copy of the notice and related materials, including the executed proof of service to the San Francisco Rent Board within ten days of serving the Notice on the tenant[s]

Follow the requirements for Protected Status, and pay additional amounts, if any, or challenge the protected status

Move in the dwelling within three months of regaining possession and live in the unit for three years after regaining possession. SFRO 37.9(a)(8)(v)(3).

Offer the unit back to the tenant at the rent-controlled rate, if the unit is put back on the market within five years. SFRO 37.9B(b)(2).

Report the status of the unit to the Rent Board every 90 days. SFRO 37.9(a)(8)(vii).

How much does an OMI cost?

The answer depends on many factors.

The

All Rates⁠

chart has relocation costs, but, the Notice must be prepared and served.

$7,912 per person, with a maximum of $23,733 per household, plus $5,275.00 per elderly/disables/minor person, per

All Rates⁠

at time of publication.

If the tenant does not leave, the owner still must lawfully evict.

What else should I know?

The San Francisco Rent Board files a restrictive covenant on the title of the building that forever designates the unit that possession was sought as the owner’s unit. This restriction is recorded, even if the owner fails to get possession.

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