Planning an owner or relative move-in (OMI / RMI) eviction in San Francisco? Here are the new strict rules:
- Your OMI eviction notice must include a declaration of intent to recover possession of the unit in good faith for use as your or a qualified relative’s principal residence for at least 36 continuous months.
- The statute of limitations for a wrongful eviction lawsuit following an OMI eviction is five years.
- If you need to vacate and re-rent the OMI’d unit before the minimum 36 continuous months of occupancy have elapsed, you must first offer it back to the displaced tenant at the rent she would be paying had she not been evicted.
- If you re-rent the unit within five years of service of the OMI notice, the initial rent you may charge a new tenant cannot exceed that which the displaced tenant would have paid had she remained in the unit.
- A tenant who was charged excess rent during the five-year period following an OMI notice may sue you for treble damages and/or injunctive relief.
- Nonprofit San Francisco tenant rights organizations can now sue for wrongful eviction and collection of excess rent following an OMI eviction. The statute of limitations is three years, and monetary awards may be doubled.
- You must attach a blank change of address form to an OMI eviction notice that the displaced tenant can use to advise the Rent Board of any change of address.
- You must file a Statement of Occupancy form with the Rent Board within 90 days after you’ve served the OMI notice, an updated Statement of Occupancy every 90 days until you’ve recovered possession, then once a year for five years after you’ve recovered possession.
- You or a relative who claims to be occupying the unit as principal residence must attach at least two forms of supporting documentation to the Statement of Occupancy to show that the unit is, in fact, so occupied.
- Annually, the Rent Board sends a copy of the Statement of Occupancy to your displaced tenant if you’ve filed it, or a notice that you’ve failed to do so. Don’t forget. If you do, the Rent Board will assess administrative penalties on you of $250 for the first failure, $500 for a second, and $1,000 for every subsequent one.
- Within 30 days after the effective date of an OMI notice, the Rent Board sends a notice to the affected unit stating its maximum rent, and updates the notice to the unit annually for five years thereafter.
Reprinted with permission of the Small Property Owners of San Francisco Institute (SPOSFI) News. For more information on becoming a member of SPOSFI or to send a tax-deductible donation, please visit their website at www.smallprop.org or call (415) 647-2419.