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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

S.F. Apartment Assn. v. City & County of S.F. (2022)

Citation
S.F. Apartment Assn. v. City & County of S.F. (2022)
Parent Document
S.F. Apartment Assn. v. City & County of S.F. (2022)
Jurisdiction
California (state)
Effective Date
2022-01-24

Full Text

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Ordinance (S.F. Admin. Code, 2 § 37 et seq.) (rent ordinance), acknowledges
these exemptions in section 37.3, subdivisions (d) and (g). 3 Costa Hawkins
expressly preserves, however, local authority to “regulate or monitor the
grounds for eviction” on all residential rental properties, including properties
exempt from local rent control. (Civ. Code, § 1954.52, subd. (c) [“Nothing in
this section shall be construed to affect any authority of a public entity that
may otherwise exist to regulate or monitor the grounds for eviction.”].)
      In the present action, plaintiffs and appellants San Francisco
Apartment Association, Coalition for Better Housing, San Francisco
Association of Realtors, and Small Property Owners of San Francisco
Institute (collectively, plaintiffs) challenge the lawfulness of an ordinance
enacted by the city. The measure amended the city’s rent ordinance to make
it unlawful for a landlord to seek to recover possession of a rental unit that is
exempt from rent control by means of a rental increase that is imposed in bad