Litigation

 

SFAA pending legal actions as of 7/26/2022

SFAA, et al. v. City County San Francisco

SF Eviction Moratorium White Paper

The San Francisco Apartment Association, the leading organization in the education and advocacy of property owners, claimed  a victory in defeating San Francisco's latest intrusion into the rights of housing providers.

In February, San Francisco amended the rent ordinance to require that a landlord serve a "ten-day notice to cure" to their tenants they could avail themselves of state law unlawful detainer procedures, by serving an eviction notice (and particularly, the "three-day notice to pay rent or quit"). Housing providers would need to wait until the middle of the month before proceeding to collect rent or recover possession.

Represented by Zacks, Freedman & Patterson, PC, SFAA and SPOSF challenged Ordinance 18-22 on the bases of state law preemption. (The case is San Francisco Apartment Association, et al. v. City and County of San Francisco, Case CPF-22-217718.)

SFAA, et al. V. City County of San Francisco
California Court of Appeal.  Hearing pending.  SFAA challenged legislation spearheaded By Supervisor Hillary Ronen which would effectively force owners doing buy-out settlements in unlawful detainer proceedings to comply with the City’s onerous and time-consuming buy-out ordinance.  The superior court agreed with SFAA's challenge and struck most of this legislation as being invalid and superseded by state law.  The City has appealed.

SFAA v. City County of San Francisco
California Supreme Court.  Hearing pending.  SFAA is seeking Supreme Court review of a case decided against the industry by the lower courts.  SFAA challenged a law passed several years ago that punished owners for issuing Costa-Hawkins rent increases that tenants could argue were “too high” and forced them to move.  SFAA believes that this legislation offends the protections of Costa-Hawkins, which permits unlimited rent increases under certain circumstances.