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. On May 23, 2024, SFAA filed a Motion for Summary Judgment seeking a ruling on its claims against the Residential Vacancy Tax. A ruling could occur mid September, 2024.

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. Unfortunately, the Supreme Court opted not to hear the case.

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. SFAA was recently awarded Attorney’s Fees in the successful lawsuit.