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The proposed amendments to san francisco ordinance 1470 regarding tenant eviction notices. The amendments include changes to the notice requirements, the length of the notice period, and the grounds for eviction. Landlords are required to provide tenants with a more detailed notice, including specific information about the lease violation and the total amount due. The notice period for nonrenewal of a lease, termination of a lease, and eviction for nonpayment of rent or breach of the lease has been extended to 30 days. The document also includes provisions for tenant financial assistance and court review of eviction filings.
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1.1 .................... moves to amend S.F. No. 1470, the third engrossment, as follows: 1.2 Page 1, delete section 1 1.3 Page 1, line 21, delete "(a)" 1.4 Page 2, delete lines 1 to 3 1.5 Page 2, line 12 delete "other than nonpayment of rent" 1.6 Page 2, line 13, delete " 30 " and insert " 60 " 1.7 Page 2, line 15, before the semicolon insert "and in cases where a tenant is holding over 1.8 past the expiration of a lease" 1.9 Page 2, line 23, delete " 60 " and insert " 120 " 1.10 Page 2, line 25, before the semicolon insert "and in cases where a tenant is holding over 1.11 past the expiration of a lease" 1.12 Page 3, line 5, after "may" insert "not file an eviction against a tenant if the landlord 1.13 refuses to participate or cooperate in an application for a tenant rental assistance program, 1.14 but may" 1.15 Page 3, delete lines 11 to 17 and insert: 1.16 "(c) For the duration of this section, a landlord must provide a notice to a tenant prior 1.17 to the nonrenewal of a lease, the termination of a lease, the filing of an eviction action for 1.18 nonpayment of rent, and the filing of eviction action for breach of the lease but not for the 1.19 actions brought under paragraph (a), clause (2), items (i) and (ii). The notice must be no 1.20 less than 30 days prior to the nonrenewal of lease or the termination of a lease. The notice 1.21 must be no less than 30 days before an action for eviction for nonpayment of rent or for a 1.22 breach of the lease and the notice must contain: 1.23 (1) the specific term of the lease the tenant violated or the total amount due;
2.1 (2) a specific accounting of the amount of the total due that is comprised of unpaid rents, 2.2 late fees, or other charges under the lease; and 2.3 (3) the name and address of the person authorized to receive rent and fees on behalf of 2.4 the landlord. 2.5 All notice provided under this section must: 2.6 (i) provide a disclaimer that a low-income tenant may be eligible for financial assistance 2.7 from the county; 2.8 (ii) provide a description on how to access legal and financial assistance through the 2.9 "Law Help" website at www.lawhelpmn.org and "Minnesota 211" through its website at 2.10 www.211unitedway.org or by calling 211; and 2.11 (iii) state that the landlord may bring an eviction action following expiration of the 2.12 30-day notice period if the tenant fails to pay the total amount due or fails to vacate. 2.13 The landlord or an agent of the landlord must deliver the notice personally or by first class 2.14 mail to the residential tenant at the address of the leased premises. If the tenant fails to 2.15 correct the rent delinquency within 30 days of the delivery or mailing of the notice or fails 2.16 to vacate, the landlord may bring an eviction action as allowed under this section. Receipt 2.17 of a notice under this section is an emergency situation under Minnesota Statutes, section 2.18 256D.06, subdivision 2, and Minnesota Rules, chapter 9500. For purposes of Minnesota 2.19 Statutes, chapter 256J, and Minnesota Rules, chapter 9500, a county agency verifies an 2.20 emergency situation by receiving and reviewing a notice under this section. If a residential 2.21 tenant applies for financial assistance from the county, the landlord must cooperate with 2.22 the application process." 2.23 Page 3, delete line 26 and insert: 2.24 "(e) The court must conduct an initial review of all eviction filings for compliance with 2.25 this section. If the court finds that an eviction action has been filed in violation of this section, 2.26 the action must be dismissed and expunged if the eviction filing has not yet been adjudicated. 2.27 If a landlord is required to provide a written notice, the notice must be attached to any 2.28 eviction filing. If the notice is not attached, the court must reject the filing. 2.29 (f) This section is effective the day after final enactment and expires 180 days after that 2.30 date. For the purposes of this section, a "material violation" is a substantial breach of the 2.31 lease so fundamental that the violation defeats an essential purpose of the lease. A material 2.32 violation does not include nonpayment of rent or fees related to the tenancy or holding over 2.33 past the expiration of a lease."