San Francisco Legislative Update (Archives): Leno Amendment Adding “Number of Occupants” to the List of “Housing Services” and Prohibiting Evictions for Subletting Where Landlord Unreasonably Withholds Consent

The “Leno Amendment” to the Rent Ordinance (enacted through Ordinance 237-99 added to the list of “housing services” the rights permitted the tenant by agreement, including the right to have a specific number of occupants, whether express or implied, and whether or not the agreement prohibits assignment and/or subletting. It also limited evictions for breaches …

Senator Leno (Temporarily) Abandons Ellis Act Reform

KQED reports that California State Senator Mark Leno has abandoned his recent attempt to “overhaul the Ellis Act” to ease displacements in his Senate District. His proposed amendment would require landlords to own the rental property for five years before seeking to exit the rental business. This April, SB 364 failed to pass by a …

Justin Goodman Featured in SF Apartment Magazine Legal Q&A for May 2019

Justin Goodman was featured in the Legal Q&A for the May 2019 issue of SF Apartment Magazine – the official publication of the San Francisco Apartment Association. Justin explored various ways a landlord can impose limits on the number of occupants in a rental unit, even though San Francisco has made it more difficult over …

Rosemary Court Properties, LLC v. Walker (Unpublished) – “Gatekeeper Duty” Justifies Reversal of Unlawful Detainer Judgment upon Failure To State Cause of Action

“Rosemary Court’s allegations that Parsi moved out of the premises and lived elsewhere for a time do not constitute termination under the lease or any law that we are aware of and, therefore, do not support Rosemary Court’s legal conclusion that Parsi terminated her leasehold interest. Rosemary Court relied on Walker’s purportedly unauthorized assignment of …

Mandatory Seismic Retrofit Work

San Francisco now mandates the retrofitting of buildings with “soft stories” to make them sound in the event of an earthquake. “Soft story” refers to the first floor of certain wood-frame buildings that are weaker and more flexible than the stories above. (Typically, these are floors with garages or open commercial spaces, and they are …

San Francisco Legislative Update (Archives): “Just Cause” Required To Sever Housing Services

San Francisco Ordinance 178-06 amended the Rent Ordinance to require the same “just cause” for severing housing services as is required for evictions. The Rent Ordinance defines housing services to include quiet enjoyment of the premises, repairs, replacement, maintenance, painting, light, heat, water, elevator service, laundry facilities and privileges, janitor service, refuse removal, furnishings, telephone, …