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
Original Source: https://www.courtlistener.com/opinion/10114513/sf-apartment-assn-v-city-county-of-sf/ ↗

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(4) illegal use of rental unit, except where illegality is lack of authorization
for residential occupancy or a first violation of Rent Ordinance provisions
regarding tourist and transient use cured after written notice; (5) tenant
refusal to execute written extension or renewal of lease or agreement after
written request or demand; and (6) tenant refusal, after written notice, to
allow landlord access to rental unit.
      As of 2021, San Francisco Administrative Code section 37.9,
subdivision (c) required that landlords should not seek to recover possession
of a rental unit under these six grounds unless “the landlord informs the
tenant in writing on or before the date upon which notice to vacate is given of
the grounds under which possession is sought.”
   C. Ordinance No. 18-22
      In February 2022, the Board passed Ordinance No. 18-22 that amended
portions of the Rent Ordinance. The “Purpose and Findings” section of
Ordinance No. 18-22 stated: “The Rent Ordinance recognizes that tenants
owe certain obligations to their landlords, and that a tenant’s failure to meet
those obligations may under certain conditions give the landlord just cause to
evict. But the Rent Ordinance generally does not specify for how long a
tenant’s misconduct must continue before it rises to the level of being a just
cause. This ambiguity creates confusion, and is particularly harmful to
tenants, as some landlords claim that a tenant’s violation instantly creates
just cause to evict even if the tenant just made an innocent mistake or is able
to correct the issue. A cure period would reduce the undue hardship suffered
by tenants who face sudden evictions and promote economy in the use of
judicial resources, while still protecting the property owners by curing the
harm. It is essential to provide clarity around what constitutes just cause: if
a tenant can correct the violation within a reasonable timeframe, to

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