(2) “Comparable units” for the purpose of this subsection is defined as those
rental units that have the same number of bedrooms. A "bedroom" shall include a room
intended for sleeping which conforms to the provisions of Chapter 5 of the Uniform
Housing Code, being not smaller than seventy (70) square feet in floor area with a
ceiling height not less than seven (7) feet six (6) inches
(3) The Board shall obtain copies of the FMRs, issued by HUD and make them
available to the public.
(G) Voluntary Vacancies
(1) For the purposes of this Regulation, “voluntary” shall mean the
independent choice of the tenant, without intimidation, pressure, or harassment.
(2) Non-Voluntary Vacancy
(a) A vacancy resulting from harassment, threats to withdraw the
property from the rental market pursuant to the Government Code Section 7060-7060.7
(Ellis Act), or notices of any kind that negligently or intentionally misrepresent to the
tenant that he or she is required to vacate the controlled unit shall not be considered
voluntary.
(b) “Harassment” shall be defined as a knowing and willful act or
course of conduct directed at a specific tenant or tenants which:
(i) Would cause a reasonable person to fear the loss of use and
occupancy of a residential unit or part thereof, or of any service, privilege or facility
connected with such use and occupancy, including any housing service within the
meaning of the Rent Ordinance Section 4(C), without legitimate reason or legal
justification;
(ii) Materially interferes with a tenant’s peaceful enjoyment of
the use and occupancy of a residential rental unit.