S.F. Apartment Ass'n v. City & Cnty. of S.F., 229 Cal. Rptr. 3d 124 (2018)

Citation: S.F. Apartment Ass'n v. City & Cnty. of S.F., 229 Cal. Rptr. 3d 124 (2018)
Parent Document: S.F. Apartment Ass'n v. City & Cnty. of S.F., 229 Cal. Rptr. 3d 124 (2018)
Jurisdiction: California (state)
Effective Date: 2018-02-14
Original Source: https://www.courtlistener.com/opinion/6239406/sf-apartment-assn-v-city-cnty-of-sf/ ↗

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In contrast, another provision of the local law challenged in Birkenfeld required landlords to obtain a certificate of eviction from the rent control board before commencing unlawful detainer proceedings. ( Birkenfeld, supra, 17 Cal.3d at p. 150, 130 Cal.Rptr. 465, 550 P.2d 1001.) To obtain such a certificate, the landlord bore the burden of proving the existence of permissible grounds for eviction, proper notice to the tenant, and that there were " 'no outstanding Code violations on the premises' other than those 'substantially caused by the present tenants.' " ( Ibid. ) Moreover, the board was required to notify the tenant of the landlord's certificate application, the tenant was entitled to a hearing, and both parties were entitled to judicial review of the board's decision to grant or deny the *516certificate. ( Ibid. ) The Supreme Court concluded, "[u]nlike the limitations ... upon the grounds for eviction, which can affect summary repossession proceedings only by making substantive defenses available to the tenant, the requirement of a certificate of eviction raises procedural barriers between the landlord and the judicial proceeding." ( Id. at p. 151, 130 Cal.Rptr. 465, 550 P.2d 1001.) "The summary repossession procedure [citation] is intended to be a relatively simple and speedy remedy that obviates any need for self-help by landlords. [Citations.] To require landlords to fulfill the elaborate prerequisites for the issuance of a certificate of eviction by the rent control board before they commence the statutory proceeding would nullify the intended summary nature of the remedy." ( Ibid. )

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