Litigation

In February 2023, SFAA sued the City and County of San Francisco (CCSF) on the voter-approved Residential Vacancy Tax, alleging violations of equal protection, due process, the takings clause, the right to privacy, and the Ellis Act. A hearing date has not yet been scheduled.

Click Here to Read SFAA’s Lawsuit on the Residential Vacancy Tax

In March 2023, SFAA and CAA filed a joint Amicus Brief with the US Supreme Court in support of Kagan, et al. v. City of Los Angeles. The case challenges the City of Los Angeles’ restrictions on certain owner move-in evictions as an unconstitutional taking in violation of the Fifth Amendment and deprivation of due process. The Supreme Court will consider whether to accept the case for review after May 3, 2023.

In 2022, SFAA sued CCSF and successfully eliminated a requirement to issue a 10-day warning notice prior to the issuance of a notice to pay rent. An appeal by the City is pending.

In 2022, SFAA also filed an Amicus Brief in the US Supreme Court supporting Petitioner Lyndsey Ballinger who challenged Oakland’s tenant relocation assistance ordinance as an unconstitutional taking under the Fifth Amendment. 

In 2020, SFAA successfully sued CCSF over the expansion of the City’s Tenant Buyout Ordinance.  The City’s appeal of the final judgment in that case is calendared for argument on April 26, 2023.