Exemption Applications

 Owner-Occupied Exemption, 3 units or less

Properties of three units or less may qualify for a temporary use exemption from the Rent Control Law. To qualify, the applicant must meet the following criteria:

• hold title as a natural person, 
• possess at least 50% interest in the property in their name, and
• reside on the property as their principal place of residence for at least 120 days prior to the filing of the application.

 This exemption is not automatic; it can only be granted by the Board.

This exemption will lapse when:

• the property owner no longer uses the property as his/her principal place of residence or
• no longer holds at least a 50% interest in the property as a natural person or
• when the property is sold or transferred to a new owner.

1815 Declaration for Permanent Exemption for a Single Family Dwelling 

Certain single family homes and separately sold condominiums may qualify for an exemption from the Rent Control Law. Property owners must certify under penalty of perjury that on July 1, 1984, their home was either:

• vacant or
• was not being used for residential rental purposes.

In addition, property owners must not own a contiguous lot with residential units. Acceptance of this declaration is not automatic.

1815 Application for Exemption for Single Family Dwelling—Two years' Owner Occupancy

Certain single family homes and separately sold condominiums may qualify for this permanent exemption. Generally, property owners must live in their home as their principal place of residence for two continuous years and must not own a contiguous lot which has residential units.

This exemption is permanent but must be granted by the Board.

New Construction Exemption

Most properties built after April 10, 1979 may qualify for this permanent exemption. This exemption does not apply:

• to residential units created by converting space in an existing building
• where the new construction is a result of the “move-on” of a previously constructed building
• where the units were built and offered for rent within 5 years of an Ellis withdrawal of former units on the property
• where the inclusion of controlled units in the new construction was required by an agreement with the Rent Control Board, such as a removal agreement.

This exemption is permanent but must be granted by the Board.