4-5-509: USE BY LANDLORDS:
   A.   A landlord may recover the possession of an apartment unit if the landlord seeks in good faith to recover such possession for use and occupancy by the landlord or the landlord's spouse, children, or parents provided all of the following conditions are met:
      1.   The landlord has provided not less than ninety (90) days' written notice of tenancy termination to the tenant, which notice specifies the name and then current address of the proposed occupant, and has filed a copy of such notice with the city clerk prior to serving such notice upon the tenant;
      2.   The tenant is paid a relocation fee in accordance with the provisions of article 6 of this chapter; and
      3.   At no time during the ninety (90) day notice period is there a vacant apartment unit in the building comparable to the one sought by the landlord; and
      4.   The unit to be recovered by the landlord is occupied by the most recent tenant(s) to occupy a unit comparable to the type of unit sought by the landlord or relative described in subsection A of this section. Notwithstanding the foregoing, no senior citizen or handicapped tenant shall be evicted unless there is no other unit on the parcel of land comparable to the type of unit sought by the landlord or relative. If there are one or more comparable units in such case, the landlord shall recover the comparable unit occupied by the most recent tenant who is not a senior citizen or handicapped person. For the purposes of this section, "senior citizen" shall mean a person sixty five (65) years of age or older. Whether a unit is comparable to the type of unit sought by the landlord or relative shall be determined by the city.
   B.   A landlord may recover the possession of only one apartment unit located on the same parcel of land for the purposes set forth in this section, regardless of the number of buildings on such parcel.
   C.   If the landlord or the landlord's relative, as defined in subsection A of this section, occupies an apartment unit obtained pursuant to the provisions of this section for at least one year, such apartment unit shall be deemed to be exempt from the provisions of this chapter; provided, however, if such apartment unit is subsequently rerented to a person who is not the landlord or such relative of the landlord for a rental amount less than that set forth in subsection 4-5-102G of this chapter, such apartment unit shall again be subject to the provisions of this chapter.
   D.   For the purposes of this section only, "landlord" shall mean only such natural persons as have the largest ownership interest in the building or in the entity owning the building.
   E.   There shall be a rebuttable presumption that the landlord has not acted in good faith if the owner or relative for whom the tenant was evicted does not move into the apartment unit within thirty (30) days and occupy said unit for a minimum of twelve (12) continuous months thereafter. In situations when the apartment unit is being remodeled pursuant to a building permit issued by the city, the thirty (30) day period shall commence when the final inspection of the remodeling work is performed and approved by the city's department of building and safety. (1962 Code § 11-5.09; amd. Ord. 04-O-2449, eff. 6-18-2004)