Proposed Changes to Vacancy Control in San Francisco

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New proposed legislation would make significant changes to the Rent Ordinance, and, in particular, how it interacts with Costa-Hawkins. If the proposed ordinance passes in its current form, it would impose vacancy control on rental units where the previous tenancy was terminated by the landlord or terminated by the tenant following a change in the terms of the tenancy. (Most often, this will be based on a “non-fault” eviction by the landlord, or the termination of the tenancy by the tenant following a rent increase.) For rent increases, the landlord will be required to file information about the former and (proposed) new rent increase with the Rent Board.

Other changes would allow tenants to retroactively come into compliance on certain unlawful sublets, require heightened standards for what constitutes a breach of lease, and impose mandatory service of a multi-lingual form to accompany notices to quit.

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