A landlord may bring an action to recover possession of an apartment unit if the landlord seeks in good faith to recover possession so as to demolish or move the building or to convert apartment units into condominiums, stock cooperatives, or community apartments provided there is compliance with all of the following conditions:
A. The landlord has given the tenant not less than ninety (90) days' written notice, which has been approved by the city's rent stabilization office, that such tenancy shall terminate on a date after April 1, 1979. The notice shall state the specific reason for giving such notice and shall be deemed to include a representation and agreement by the landlord that the recovery of possession of the apartment unit is solely for a reason within the scope of this section and for no other reason. If payment of the relocation fees required by article 6 of this chapter does not accompany such notice, such notice shall also specify the amount of the relocation fees so required and that the tenant may collect such fees at the time the tenant vacates the unit. Such notice shall not be required if:
1. The demolition of the building has been mandated by law to be performed at an earlier date; or
2. Such notice has been given to a tenant who has vacated the apartment unit, the apartment unit has been rerented to a new tenant, and the new tenant has been advised by the landlord in writing that the notice of termination of tenancy had been given to the prior tenant. This exemption shall apply only if a copy of the written notice provided to such new tenant is filed with the city clerk within one week after such new tenant begins the occupancy of the apartment unit; or
3. A prior written notice which specified less than one year's notice has been given, and the tenant has been notified in writing, within thirty (30) days after August 21, 1979, that the prior written notice shall be considered an effective one year notice under this section.
B. The notice required by subsection A of this section shall not be given or served until such time as the landlord has:
1. Filed all necessary applications for the proposed project or development including, but not limited to, application for a demolition permit, moving permit or tentative map and paid all of the fees required by the city in connection with such applications;
2. Notified the city's rent stabilization department that an application to convert apartment units to condominiums or to move or demolish the building has been filed with any other department of the city so that notice of such filing may be given to the tenants at the property; and
3. That all permits or approvals necessary to commence demolition, removal or conversion have been issued.
C. No notice of tenancy termination given pursuant to this section after February 24, 1981, shall be effective unless all the applicable provisions of this chapter have been complied with, and a copy of such notice has been placed on file with the city clerk prior to such notice being served on the tenant. A minimum fee of one hundred dollars ($100.00) for each building for which notices of tenancy termination are to be filed with the city clerk shall be paid to the city for processing the notices prior to the filing of a notice with the city clerk. Where there are more than ten (10) apartment units in a building which are subject to this provision of this chapter, and for which notices of tenancy termination have been given, an additional fee of ten dollars ($10.00) shall be paid to the city for each unit in excess of ten (10) units for which a notice of tenancy termination is given.
D. A relocation fee shall have been paid or deposited into escrow in accordance with the provisions of article 6 of this chapter. If an apartment unit vacated pursuant to this section has been rerented, the new tenant shall not be entitled to any relocation fee or other relocation benefit if he or she received the notices required by subsections A2 and E of this section.
E. Any apartment unit vacated pursuant to this section, if rerented, shall remain subject to the provisions of this chapter, and it shall be the responsibility of the landlord to notify any new tenant in writing of the controlled rents and the duration of the notice of termination. A copy of such notice shall be filed with the city clerk within one week after the new tenant begins occupancy of the apartment unit.
F. No writ or judgment restoring possession to the landlord shall be issued or entered unless and until the complaint for such writ or judgment filed by the landlord contains the landlord's declaration under penalty of perjury of the giving of notice to the tenant as required by this section, the expiration of any required notice period, the payment or deposit into escrow of the relocation fee specified in article 6 of this chapter, and that demolition or moving or the work of conversion into condominiums will commence within sixty (60) days after the filing of such complaint.
G. The provisions of this section shall not apply to a building manager who is entitled to the occupancy of an apartment unit solely because of his or her position as building manager. (1962 Code § 11-5.11; amd. Ord. 89-O-2068, eff. 8-8-1989)