(e) A tenancy and subsequent vacancy created as a sham shall not be
considered voluntary. A sham tenancy may be presumed where the occupant did not
have a bona fide landlord-tenant relationship with the landlord or occupied the property
for less than four (4) months and principally for the purpose of vacating the property to
establish eligibility for vacancy-related increase.
(H) Eviction for Nonpayment of Rent
Eviction for “non-payment of rent” is defined as the action to terminate a tenancy
due to the tenant’s failure to pay the rent to which the landlord is entitled under the
rental housing agreement and existing law pursuant to Rent Ordinance section 13(A)(1)
and/or paragraph (2) of Civil Code Section 1161.
(I) Abandonment
For purposes of this section “abandonment” is defined as the tenant’s
independent choice, without intimidation, pressure, or harassment to relinquish all right
and possession of the
premises, with the intention of not reclaiming or resuming its possession or enjoyment,
and the landlord terminates the tenancy pursuant to Civil Code Section 1951.3.
(J) No Rent Increase for Existing Tenants
The maximum lawful rent ceiling for any controlled rental unit that is occupied by
an existing tenant shall not be increased under the provisions of this Regulation, while
said tenant occupies his or her unit.