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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The Property Owners also argue if the Ordinance is upheld as substantive, "nothing would prevent San Francisco from mandating that all for-cause terminations occur on one day a year ...." Although the issue is not before us, an ordinance limiting the timing of all evictions would appear to be preempted by the unlawful detainer statutes. Such an ordinance would not be imposed in order to regulate any substantive grounds for eviction, like the Ordinance. The Ordinance does not impose such a blanket requirement independent of *131any substantive defenses to eviction. Instead, the Ordinance is a substantive defense with an impact on timing.4

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