Superior Court Strikes City of San Francisco Eviction Protections for School Employees and Families with Children During the School Year
Effective May 22, 2016, the City of San Francisco Board of Supervisors amended the City of San Francisco Rent Ordinance to prohibit certain no-fault evictions during the school year if a child under 18 or a person who works at a school in San Francisco resides in the rental unit, is a tenant in the unit or has a custodial or family relationship with a tenant in the unit, and the tenant has resided in the unit for 12 months or more.
These eviction protections applied to the following types of no-fault evictions where the effective date of the eviction notice falls during the school year: owner/relative move-in, condominium conversion, demolition/permanent removal of unit from housing use, temporary eviction to perform capital improvements, or substantial rehabilitation.
In a state court challenge in San Francisco Apartment Association et al v. City and County of San Francisco et al, San Francisco Superior Court Case No. CPF-16-515087, the court ruled on August 31, 2016 that “ordinance #160100 entitled ‘No-Fault Eviction Protections During School Year’ is invalid on its face, preempted by state law and unenforceable.” The court enjoined the City from enforcing the new amendment.
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The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice.
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