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How do OMIs (owner move-in) evictions work?

February 25, 2023

Housing News

How do OMIs (owner move-in) evictions work?

We often get this question from our clients: how do OMIs (owner move-in) evictions work?  This is an overview and not meant to provide legal advice.  For most cases involving evictions of any form, it is best to consult a real estate attorney.

If you have found a residence that is currently occupied and are considering an OMI:

1) You would have to be a person vs. a corporate entity, move in within 3 months of the sale, and use it as your primary residence for at least 3 years. If a similar unit in the same building becomes vacant, the notice needs to be rescinded.
2) Ensure you understand tenant rights- this is a great resource. For example, seniors and disabled tenants who have been long term tenants are protected. Also, children with a tenancy of at least one year and SF school workers are protected during the school year.
3) Depending on whether the tenant has lived in the unit for under a year or longer, the notice needs to be 30 days or 60 days.
4)  If you move out of the unit and would like to rent it out within 5 years of the notice to vacate, you would need to first offer the unit to the displaced tenant. The displaced tenant has 30 days to notify the landlord of acceptance or rejection of the offer. 
5) You can have only one OMI eviction per building, unless the other evictions involve relatives. All future evictions will have to be in the same unit, even five years after the first landlord/ owner moves out. 
6) Evictions for family members or relatives are allowed in the same building as long as the landlord is also residing in that building.
7)  The landlord needs to send the following information in writing to the tenant and the San Francisco Rent Board within 10 days of the eviction notice:
         a) All building owner names and percentages owned, as well as when ownership was recorded
          b) The name of the landlord or relative who will be moving in as well as a description of their current residence
          c) All other properties owned by the the landlord or relative
          d) The current rent for the unit 
           e) A statement of the evicted tenant's right to re-rent if the unit is re-rented within 5 years 
           f) A statement of occupancy with two supporting documents needs to be filed with the Rent Board within 90 days of the eviction notice
8) You would need to pay relocation expenses to any tenant (including children) who was evicted based on the guidance here 

Evictions in SF can be complicated, so regardless of the specific situation it is always wise to consult with an attorney.

Sources:

https://sftu.org/omi/

https://sf.gov/sites/default/files/2023-02/579%20Multilingual%20Relocation%20Payments%2037.9C%2023-24%20%283.1.23%29.pdf


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