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San Francisco Temporary Displacement

Oct-31-2012

AB 1925 Limits levels of compensation in San Francisco for the temporary displacement of tenant households from rent-controlled units for less than 20 days to $275 per day per household and actual moving expenses if it is necessary to move the household's possessions.

In 2006, San Francisco voters passed Proposition H, which made changes to the city's rent control ordinance relating to relocation benefits in the event of a no-fault eviction. The measure was placed on the ballot in response to an increase in the number of no-fault evictions and concern that the relocation benefit amount had not been changed since 1987. Prior to Proposition H, San Francisco landlords had to pay $1,000 to each tenant who had lived in a unit for more than a year in the event the tenant had to be relocated. Proposition H raised that amount to $4,500 per tenant plus an additional $3,000 for each disabled or elderly tenant or household with minor children and provided for annual increases in the relocation benefit. Currently (August 2012), the relocation benefit is $5,153 per tenant with a per-unit maximum of $15,460, plus an additional $3,436 for each disabled or elderly tenant or household with minor children.

Under San Francisco's rent control ordinance, landlords must pay relocation benefits whether tenants are being permanently evicted or must temporarily vacate a unit to allow for improvements or repairs. Thus, tenants who have to move out for a few days to allow a landlord to paint the apartment or upgrade the plumbing are entitled to the exact same relocation benefits as tenants who need to find another place to live.

This bill limits relocation benefits in San Francisco in the event of a temporary displacement to $275 per day per household plus any moving expenses, to be adjusted annually based on the Consumer Price Index. The bill defines a temporary displacement as one that lasts less than 20 days. The bill allows landlords to provide temporarily displaced tenants with a comparable dwelling unit rather than daily compensation, so long as the unit is close to the services and institutions upon which the displaced tenants depend.