S.F. Admin. Code ch. 37 § 37.9B

(a) Any rental unit which a tenant vacates after receiving a notice to quit based on

Section 37.9(a)(8), and which is subsequently no longer occupied as a principal residence by the

landlord or the landlord's grandparent, parent, child, grandchild, brother, sister, or the landlord's

spouse, or the spouses of such relations must, if offered for rent during the five-year period

following service of the notice to quit under Section 37.9(a)(8), be rented in good faith at a rent

not greater than that which would have been the rent had the tenant who had been required to

vacate remained in continuous occupancy and the rental unit remained subject to this Chapter

37. If it is asserted that a rent increase could have taken place during the occupancy of the rental

unit by the landlord if the rental unit had been subjected to this Chapter, the landlord shall bear

the burden of proving that the rent could have been legally increased during that period. If it is

asserted that the increase is based in whole or in part upon any grounds other than that set forth

in Section 37.3(a)(1), the landlord must petition the Rent Board pursuant to the procedures of

this Chapter. Displaced tenants shall be entitled to participate in and present evidence at any

hearing held on such a petition. Tenants displaced pursuant to Section 37.9(a)(8) shall make all

reasonable efforts to keep the Rent Board apprised of their current address. The Rent Board

shall provide notice of any proceedings before the Rent Board to the displaced tenant at the last

address provided by the tenant. No increase shall be allowed on account of any expense

incurred in connection with the displacement of the tenant.

     (b)        (1) For notices to vacate served before January 1, 2018, any landlord who, within

three years of the date of service of the notice to quit, offers for rent or lease any unit in which

the possession was recovered pursuant to Section 37.9(a)(8) shall first offer the unit for rent or

lease to the tenants displaced in the same manner as provided for in Sections 37.9A(c) and (d).

                (2) For notices to vacate served on or after January 1, 2018, any landlord who,

within five years of the date of service of the notice to quit, offers for rent or lease any unit in

which the possession was recovered pursuant to Section 37.9(a)(8) shall first offer the unit for

rent or lease to the tenants displaced, by mailing a written offer to the address that the tenant

has provided to the landlord. If the tenant has not provided the landlord a mailing address, the

landlord shall mail the offer to the address on file with the Rent Board, and if the Rent Board

does not have an address on file, then to the unit from which the tenant was displaced and to

any other physical or electronic address of the tenant of which the landlord has actual

knowledge. The landlord shall file a copy of the offer with the Rent Board within 15 days of the

offer. The tenant shall have 30 days from receipt of the offer to notify the landlord of acceptance

or rejection of the offer and, if accepted, shall reoccupy the unit within 45 days of receipt of the

offer.

       (c) In addition to complying with the requirements of Section 37.9(a)(8), an owner who

endeavors to recover possession under Section 37.9(a)(8) shall inform the tenant of the

following information in writing and file a copy with the Rent Board within 10 days after service of

the notice to vacate, together with a copy of the notice to vacate and proof of service upon the

tenant;

                (1) The identity and percentage of ownership of all persons holding a full or

partial percentage ownership in the property;

                (2) The dates the percentages of ownership were recorded;

                (3) The name(s) of the landlord endeavoring to recover possession and, if

applicable, the names(s) and relationship of the relative(s) for whom possession is being sought

and a description of the current residence of the landlord or relative(s);

                (4) A description of all residential properties owned, in whole or in part, by the

landlord and, if applicable, a description of all residential properties owned, in whole or in part, by

the landlord's grandparent, parent, child, grandchild, brother, or sister for whom possession is

being sought;

                (5) The current rent for the unit and a statement that the tenant has the right to

re-rent the unit at the same rent, as adjusted by Section 37.9B(a) above;

                (6) The contents of Section 37.9B, by providing a copy of same; and

                (7) The right the tenant(s) may have to relocation costs and the amount of those

relocation costs.

     (d) The landlord shall pay relocation expenses as provided in Section 37.9C.

     (e) Within 30 days after the effective date of a written notice to vacate that is filed with

the Rent Board under Section 37.9B(c) the Rent Board shall record a notice of constraints with

the County Recorder identifying each unit on the property that is the subject of the Section

37.9B(c) notice to vacate, stating the nature and dates of applicable restrictions under Section

37.9(a)(8) and 37.9B. For notices to vacate filed under Section 37.9B(c) on or after January 1,

2018, the Rent Board shall also send a notice to the unit that states the maximum rent for that

unit under Sections 37.9(a)(8) and 37.9B, and shall send an updated notice to the unit 12

months, 24 months, 36 months, 48 months and 60 months thereafter, or within 30 days of such

date. If a notice of constraints is recorded but the tenant does not vacate the unit, the landlord

may apply to the Rent Board for a rescission of the recorded notice of constraints. The Rent

Board shall not be required to send any further notices to the unit pursuant to this subsection (e)

if the constraints on the unit are rescinded.