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S.F. Apartment Assn. v. City & County of S.F. (2024)

Citation
S.F. Apartment Assn. v. City & County of S.F. (2024)
Parent Document
S.F. Apartment Assn. v. City & County of S.F. (2024)
Jurisdiction
California (state)
Effective Date
2024-09-11

Other Sections in This Document (40)

Full Text

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to save the lease or agreement from forfeiture. (Id., subd. (3).) For unlawful
detainer based on nuisance or use of the premises for illegal purpose, a
landlord must provide the tenant with a three-day notice to quit. (Id.,
subd. (4).)
   B. San Francisco Rent Ordinance
      In 1979, the Board enacted a “comprehensive rental-housing ordinance”
in chapter 37 of the San Francisco Administrative Code.2 (Danekas v. San
Francisco Residential Rent Stabilization and Arbitration Bd. (2001) 95
Cal.App.4th 638, 641.) The Rent Ordinance was “necessitated by what the
Board of Supervisors perceived as a housing crisis in the City and County of
San Francisco.” (Golden Gateway Center v. San Francisco Residential Rent
Stabilization & Arbitration Bd. (1999) 73 Cal.App.4th 1204, 1211.) “The
crisis was caused by uncontrolled rent increases which had the effect of either
displacing tenants who could not pay increased rents or forcing tenants to
expend less on other of life’s necessities in order to pay increased rents.”
(Ibid.) “The essential purpose of the ordinance was to regulate rents, so that
tenants would not be subjected to excessive rent increases.” (Ibid.)
      The Rent Ordinance also includes restrictions on the grounds for
eviction. San Francisco Administrative Code section 37.9, subdivision (a)
recognizes various “just cause” requirements for which a landlord may
recover possession of a rental unit. The first six grounds relate to situations
where a tenant is at fault: (1) nonpayment of rent; (2) substantial breach of
lease or agreement and failure to cure after written notice; (3) severe,
continuing nuisance or damage that is specifically stated in writing;