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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is thereby preempted by state law as it applies to notices for non-payment of
rent only.” But it found “a split of authority as to the allowable notice periods
for notices other than for the non-payment of rent.”
      The trial court explained that Tri County Apartment Association v. City
of Mountain View (1987) 196 Cal.App.3d 1283 (Tri County) “supports the
invalidation of any extended notice period involving fault-based evictions.” In
Rental Housing Association of Northern Alameda County v. City of Oakland
(2009) 171 Cal.App.4th 741 (Rental Housing), however, the appellate court
“permitted Oakland to interpose an additional, extended notice period for
cases involving substantial violation of a material term of the tenancy,
disorderly conduct, or refusal to allow the landlord access to the unit.” The
trial court determined that it was bound by Rental Housing and thus limited
the issuance of the writ to notices for non-payment of rent only. It concluded:
“Petitioners will have to look to the higher courts if they wish to resolve the
conflict between Tri County and Rental Housing.”
      Plaintiffs and defendant each filed a timely notice of appeal.
                                DISCUSSION
      The sole legal question presented in this appeal is whether Ordinance
No. 18-22 is preempted by Code of Civil Procedure section 1161. “ ‘ “The issue
of preemption of a municipal ordinance by state law presents a question of
law, subject to de novo review.” ’ ” (Coyne v. City and County of San
Francisco (2017) 9 Cal.App.5th 1215, 1224.) We begin with general principles
regarding preemption.
                      I. General Preemption Principles
      “In California, preemption of local legislation by state law is a
constitutional principle.” (Sequoia Park Associates v. County of Sonoma
(2009) 176 Cal.App.4th 1270, 1277.) Article XI, section 7 of the California

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