New Legislation Expands Tenant Protections Related to Residential Demolitions and Major Renovations
Rent BoardA new law adopted by the San Francisco Board of Supervisors will expand tenant protections when residential units are demolished or substantially renovated. The legislation amends both the Planning Code and the Rent Ordinance and will take effect on February 9, 2026.
New Legislation Expands Tenant Protections Related to Residential Demolitions and Major Renovations
A new law passed by the San Francisco Board of Supervisors expands tenant protections when residential units are demolished or substantially renovated. The law amends the Planning Code and the Rent Ordinance and takes effect on February 9, 2026.
Overview of the Legislation
The law adds new requirements for property owners who plan to demolish residential units. It also increases protections for tenants displaced by demolition or major renovations.
Other major changes include:
- New disclosure requirements for tenant buyout agreements
- Changes to how the Rent Board handles certain tenant harassment cases
- Expanded relocation assistance for some tenants
Replacement of Demolished Units
Under the amended Planning Code, property owners who demolish residential units must replace all units that are demolished. This requirement is consistent with state housing laws, including Senate Bill 330.
In some circumstances, replacement units must be affordable or rent-controlled. This depends on the income level of the households that lived in the demolished units.
Limits on Demolition After Harassment or Improper Buyouts
The law prohibits approval of demolition permits for five years if a landlord engaged in certain types of tenant harassment.
The law also prohibits demolition for five years after a tenant moved out under a buyout agreement that did not comply with the Rent Ordinance. A demolition permit may still issue if the Rent Board or a court finds that the landlord substantially complied with the buyout requirements.
Right to Remain and Relocation Assistance
Tenants whose units are being demolished have the right to remain in their units until at least six months before construction begins. For lower-income households, the minimum period is three months. For this law, lower-income households are those earning below 80% of Area Median Income.
All tenants displaced by demolition for redevelopment must receive relocation payments. The payment amounts are the same as those required for Ellis Act evictions.
Lower-income tenants are entitled to additional relocation assistance for up to 42 months, or until they are offered a replacement unit in the new building, whichever comes first. This additional assistance may take one of the following forms:
- Providing a substitute unit at the tenant’s prior rent
- Making standardized monthly payments based on income level and unit size
- Providing individualized relocation assistance consistent with state law
A landlord may request a hardship determination from the Rent Board if paying the additional relocation assistance would cause financial hardship. After a hearing, an Administrative Law Judge (ALJ) may approve a payment plan or other reasonable relief.
Right to a Replacement Unit
If the new development is a rental building, displaced tenants must be offered a comparable unit in the new building.
For lower-income tenants, the replacement unit must be offered at the tenant’s prior rent or at an affordable rent, whichever is lower, or at an affordable housing cost. The law also sets size and layout standards for what qualifies as a comparable replacement unit.
Expanded Protections for Former Tenants
For purposes of relocation assistance and the right to a replacement unit, the law treats certain former tenants the same as current occupants. This includes tenants who moved out during specified time periods because of:
- A buyout agreement that did not comply with the Rent Ordinance but was later found to be in substantial compliance
- An owner or relative move-in eviction
- An Ellis Act eviction
- A serious or imminent health or safety hazard
New Just Cause for Demolition Evictions
The law adds a new just cause for eviction, Rent Ordinance § 37.9(a)(17). This just cause applies when a permitted redevelopment project requires demolition of an entire building.
The law also narrows Rent Ordinance § 37.9(a)(10). That provision now applies only to the permanent removal of a single unit.
A landlord may not issue an eviction notice under § 37.9(a)(17) until all required permits have been issued and compliance with applicable tenant protections has been shown. Evictions affecting households with minor children or educators who have lived in the unit for at least one year may not proceed during the school year.
Tenant Harassment Hearings
The law requires the Rent Board to hold hearings on certain tenant harassment reports. A tenant or former tenant may file a harassment report if they believe the landlord tried to force them out of their unit.
If specific criteria are met, the Rent Board must schedule an investigative hearing before an ALJ within 45 days. The ALJ will decide whether harassment occurred and, if the tenant moved out, whether the tenant moved out because of the harassment.
The ALJ’s decision will not include damages, rent reductions, or other monetary relief. Either party may appeal the decision to the Rent Board Commission.
Additional Relocation Assistance for Temporary Capital Improvement Evictions
Under existing law, tenants temporarily displaced by capital improvement evictions under Rent Ordinance § 37.9(a)(11) receive a one-time relocation payment, regardless of how long the displacement lasts.
Under the new law, if a lower-income tenant must move out for more than three months, the tenant is entitled to additional monthly payments for up to 42 months. These payments cover the difference between the tenant’s former rent and either an affordable-rent standard or the tenant’s actual temporary housing costs, whichever is lower.
To receive this assistance, tenants must file a form with the Rent Board verifying household income and size. The Rent Board must calculate the payment amount and notify both parties within 30 days, or within 45 days if the landlord also submits information.
A landlord may request a hardship hearing before an ALJ if paying the additional relocation assistance would cause financial hardship.
Other Changes to the Rent Ordinance
The law also amends the Rent Ordinance to:
- Create a rebuttable presumption that tenants who move out within one year of receiving an owner or relative move-in eviction notice moved out because of that notice, even if the notice was later withdrawn
- Require buyout agreements to include information about tenant rights related to demolition projects
- Require owners who file a notice of intent to withdraw units under the Ellis Act to disclose whether they plan to demolish the units within the next five years and to inform tenants that additional rights may apply
The law also allows landlords to ask the Rent Board for a finding that they substantially complied with the Buyout Ordinance.
Forms and Implementation
Updated Rent Board forms and informational materials reflecting these changes will be available on the Rent Board’s website once the legislation takes effect. The legislation itself, linked below, contains a complete description of the new requirements and protections.
The legislation contains a complete description of the new requirements and protections.