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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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which cause former tenants to vacate.” It argues that while “the city’s
eviction controls are needed to make its rent controls effective[,] . . . absent
such rent controls, there is no good reason for eviction controls (or similar
protection) to even apply. Any more expansive reading of sub-section (c)
would simply allow the city to eviscerate rights under sub-section (a).” As the
city notes, many cities in California regulate evictions on units not subject to
rent control and that those regulations serve “permissible purposes besides
the support of rent control laws.” In any event, the interpretation of
subdivision (c) proposed by the apartment association is entirely inconsistent
with the plain language of the statute. (See Civ. Code, § 1954.52, subd. (c)
[“Nothing in this section shall be construed to affect the authority of a public
entity that may otherwise exist to regulate or monitor the basis for
eviction.”].) The city’s request for judicial notice is granted.