Although rent control applies to many properties in San Francisco, a landlord can impose an unlimited rent increase where a tenant is no longer “in occupancy” by filing a “1.21 Petition” with the San Francisco Rent Board. “1.21” Refers to section 1.21 of the San Francisco Rent Ordinance Rules and Regulations.
To implement a rent increase on these grounds a landlord must file a 1.21 Petition with the San Francisco Rent Board.
over
years of experience in representing tenants.
In many circumstances, landlords will file a 1.21 Petition without ever confronting the tenant about whether they actually live in the unit.
Landlords often hire private investigators to run a background check on their tenants in an effort to determine if a tenant actually lives in their unit. Depending on what the investigator finds a landlord may file a petition even if the tenant does live there.
To fight this type of petition, a tenant may submit evidence that the unit is, in fact, their principal place of residence, such as voter or DMV registration, utility bills, and declarations from friends or neighbors. After a hearing, a judge will determine the validity of the landlord’s claims.
Potentially yes. The Rent Board looks at a tenant’s ownership of a home very seriously in analyzing whether or not a unit is a tenant’s primary residence. One thing to be very careful about is taking a home owner’s tax exemption. To be eligible for such an exemption, the owner must claim that they live in the home. Since a person can only have one primary residence this creates a contradiction and will hurt a tenant’s chances of prevailing at the Rent Board.
Most of the factors for a principal place of residence listed under 1.21 of the Rent Ordinance have to do with your paper trail – your address on your driver’s license, where you get your mail, where you are registered to vote, and so on. By updating your information to reflect your current address you can reduce the chances that a landlord pursues a 1.21 petition/rent increase and that the Rent Board will find in a landlord’s favor.
Remember that your landlord may be keeping tabs on these things – especially if your rent is low, and be mindful of the home address your paper trail may reflect.
For more information or to discuss your legal situation, call us today at (415) 649-6203 for a phone consultation or submit an inquiry below. Please note our firm can only assist tenants residing in San Francisco, Oakland & Berkeley.