SF Real Estate Blog Readers Ask about OMI's

I recently had a client and blog reader ask about doing an Owner Move In on a single family home in San Francisco. 

Typically owner move-ins are allowed, unless the tenant has protected status based on age, disability or is terminally ill.  However, in a single family home or rented condo unit in San Francisco, the tenants lose any protected status that they have.  Here’s the answer to the issue below:

First, a disclaimer.  Please do not take the following as concrete fact.  We live in SF and we ALL know that things are quirky here so do not assume the following will always be true add correct.  ALWAYS check the status of the rent code and ALWAYS consult an attorney for clarification.  The following is not meant to be legal advice about any landlord/tenant/eviction issues in San Francisco and is NOT meant as legal advice!!! 

 That being said – here’s the section of the rent code that applies:

Section 37.9(i)(2) of the Rent Ordinance states: “(2) The foregoing provisions of Sections 37.9(i)(1)(A) and (B) shall not apply where there is only one rental unit owned by the landlord in the building, or where each of the rental units owned by the landlord in the same building where the landlord resides (except the unit actually occupied by the landlord) is occupied by a tenant otherwise protected from eviction by Sections 37.9(i)(1)(A) and (B) and where the landlord’s qualified relative who will move into the unit pursuant to Section 37.9(a)(8) is 60 years of age or older.”

In a nutshell – if the SF building is indeed a TRUE Single Family Residence (ie. NO illegal units, NO in-law units, etc), then there is indeed NO such thing as a protected tenant there.  It appears that if a person owns JUST ONE condominium in a San Francisco building, the same exemption to protected status applies.  It also appears that if the landlord owns more than one unit and ALL are occupied by tenants that would be protected in most cases, but the landlord wants to move in a relative that is over the age of 60, the landlord can do so.

How does this affect you?

Well, it depends on whether you’re a landlord, a tenant or a prospective buyer.  If you need advice about your particular situation, contact me – I can point you in the right direction to get you the information that you really need.

Luba