What are the procedures when served an Ellis Act eviction notice?

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What are the procedures when served an Ellis Act eviction notice
Source: The Registry SF

What are the procedures when served an Ellis Act eviction notice?

Step 1: The owner must serve the tenants with notices of termination of tenancy requiring the tenants to quit the premises on the effective date of withdrawal, which is 120 days after the Notice of Intent To Withdraw Residential Units from the Rental Market is filed with the Rent Board as required in Step 2.

Step 2: The owner must file a Notice of Intent To Withdraw Residential Units from the Rental Market (“Notice of Intent”) with the Rent Board.

Step 3: Within fifteen days of filing the Notice of Intent, the owner must inform the tenants that the Notice of Intent was filed with the Rent Board, that the tenants have certain re-occupancy rights, that the tenants have the right to relocation assistance, and that elderly or disabled tenants who have lived in the unit for at least one year have the right to extend the date of withdrawal from 120 days to one year.

Step 4: Within sixty days of filing the Notice of Intent, elderly or disabled tenants must give written notice to the owner of their entitlement to an extension of the date of withdrawal from 120 days to one year.

Step 5: Within thirty days of receipt of a tenant’s claim to an extension of the date of withdrawal, the owner must give written notice of the claim to the Rent Board.

Step 6: Within ninety days of filing the Notice of Intent, the owner must give written notice to the Rent Board and the tenants as to whether or not the owner disputes a tenant’s claim to an extension. The notice must also state whether the owner is extending the date of withdrawal for other units in building.

Step 7: Prior to the effective date of withdrawal, the owner shall record a Memorandum summarizing the Notice of Intent with the County Recorder. A tenant may assert the owner’s failure to record the Memorandum as a defense to an eviction action. The Rent Board will record a Notice of Constraints notwithstanding the owner’s failure to record the Memorandum.

Step 8: Withdrawal of the rental units is effective 120 days after the filing of the Notice of Intent, or one year for qualified elderly or disabled tenants and any other units for which the landlord has voluntarily extended the date of withdrawal.

Step 9: After the effective date of withdrawal, the owner can file an unlawful detainer eviction action to recover possession of a withdrawn rental unit if the tenants have not vacated the unit.

Step 10: Within thirty days after the effective date of withdrawal, the Rent Board will record a Notice of Constraints with the County Recorder.