Supervisors Introduce Legislation To Fight Fraudulent Owner Move-In Evictions

by Sara Gaiser : BayCityNews – excerpt

Photo by Zrants

Supervisors agree this is not the homeless solution for San Francisco. It is better to keep people in their homes if we don’t want them living like this. 

Two pieces of legislation were introduced to the Board of Supervisors yesterday, aiming to make it harder for landlords to fraudulently evict tenants by falsely claiming they plan to live in the property.

Both pieces of legislation, introduced by Supervisor Mark Farrell and by Supervisors Aaron Peskin and Jane Kim, would require property owners who conduct “owner move-in” evictions to sign a declaration under oath that they plan to follow all eviction laws.

Under state law, property owners are allowed to evict tenants if they plan to live in a residence themselves or to have a family member live there.

Once they do so, however, they are required to keep the unit off the rental market for at least three years. If they return it to the rental market, the original tenant has the right to re-rent it at the same rent, plus any allowable increases.

In practice, however, there is little enforcement of this requirement, and reports of fraud, with landlords returning the property to the market for much higher rents, are widespread… (more)

People who complain about the homeless living on the streets should applaud any program that keeps people in their homes. We need to somehow create an administrative policy that sets up procedures for enforcing the laws. It is good to see the Supervisors are working on it. We should support their efforts and watch our state legislature to be sure Sacramento does its part in protecting tenants by supporting enforcement of local laws. If Sacramento can’t fix the Ellis Act laws they can at least stay out of the way of local jurisdictions so we can handle the problem at home.

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