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
Original Source: https://www.courtlistener.com/opinion/6244971/sf-apartment-assn-v-city-county-of-sf/ ↗

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6 Plaintiffs’ attempt to distinguish Mak is not persuasive. Plaintiffs
suggest that the regulation at issue in that case was permissible because
Civil Code section 1954.52, subdivision (a)(3)(B)(i) expressly provides that the
Act does not prohibit the application of rent-control limits to a new tenant if
the preceding tenant vacates pursuant to an owner move-in termination
notice. (Mak, supra, 240 Cal.App.4th at pp. 69–70.) While Civil Code
section 1954.52, subdivision (a)(3)(B)(i) was undoubtedly relevant to the
analysis, it was not, as plaintiffs’ suggest, the controlling factor in the court’s
decision.

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