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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kelly v. Choon Yee, 213 Cal. App. 3d 336 (1989)

Citation
Kelly v. Choon Yee, 213 Cal. App. 3d 336 (1989)
Parent Document
Kelly v. Choon Yee, 213 Cal. App. 3d 336 (1989)
Jurisdiction
California (state)
Effective Date
1989-08-22

Full Text

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The ordinance as a whole relies heavily on tenant initiative for enforcement. Since evictions cannot be easily monitored by a city bureaucracy, the remedies for illegal evictions will be triggered principally by tenant action. However, lawsuits over wrongful evictions are likely to involve small amounts of money that may not justify the costs of litigation—especially in the case of suits brought by the very type of tenant the ordinance is especially intended to protect: “senior citizens, persons on fixed incomes and low and moderate income households.” (S.F. Admin. Code, § 37.1, subd. (b)(2).) If civil remedies in aid of these tenants are to be meaningful, they must provide sufficient financial incentive to justify bringing suit. The award of treble damages very clearly serves such a purpose.