Category Archives: San Francisco

San Francisco Legislative Update (2020) COVID-19 Edition: Ordinance 68-20 Suspends Rent Increases Pending Eviction Moratorium

Seal_of_San_Francisco

Signed into law on April 24, 2020, but retroactive to April 7, 2020, Ordinance 68-20 temporarily suspends certain rent increases during the Mayor’s eviction moratorium prompted by the COVID-19 epidemic. The suspension applies to increases under Section 37.3(a) of the Rent Ordinance (which covers annual allowable increases, as well as any banked increases from previous years, and various passthroughs).

Now, it’s questionable whether even the Mayor’s emergency powers under the San Francisco Charter permit retroactive laws, though they may permit immediate ones. And otherwise, the authority of local governments to manipulate landlord’s state law procedural protections is strictly limited. Cities also lack authority to allow rent-controlled rental rates to grow with inflation.

That said, Ordinance 68-20 contains specific references to the “anniversary date not being affected by deferral of the increase”. Likewise, it states that the right to impose the increase shall “immediately resume” when the moratorium expires. Likely, a landlord may send the increase, preserve the anniversary date, and simply not require the additional payment.

facebooktwitterredditlinkedinmail

Legal Q & A: My Tenant Claims He Can’t Pay Rent Because of COVID-19. What do I do?

Question: My tenant just told me that he was let go at work because of the Shelter-in-Place Order and he can’t pay rent for April. Is he allowed to do that? Do I just lose the rent?

Answer: This is about to become a common question, as many are affected by COVID-19 and the related Shelter-in-Place Order. This is perhaps the most rapidly that landlord-tenant law has changed, and there are overlapping (sometimes inconsistent) rules emerging at the local, state and federal levels. But at least for the moment, there is a clear path forward for this particular issue.
Continue reading Legal Q & A: My Tenant Claims He Can’t Pay Rent Because of COVID-19. What do I do?

facebooktwitterredditlinkedinmail

Mayor Breed Orders Moratorium on Evictions Related to COVID-19 (Coronavirus) Pandemic (March 13, 2020)

Today, March 13, 2020, Mayor London Breed ordered a moratorium on evictions based on a tenant’s inability to pay rent, if the inability is because of a “COVID-19 related impact”. For the next 30 days (and renewed as necessary), the tenant may notify their landlord of an inability to pay rent. They then have one week to provide documentation or other supporting evidence of an inability to pay rent.

Tenants who cannot pay rent will then have six months following the end of the emergency declaration to repay the rent. (Under state law, a landlord can demand rent via eviction notice a year’s worth of past due rent. At the moment, it is unclear whether the grace period would extend this.)

The press release adds that “recommendations from the San Francisco Department of Public Health can be found at www.sfdph.org/dph/alerts/coronavirus.asp along with up-to-date on coronavirus news and information. You can also call 311 and sign up for the City’s alert service for official updates: text COVID19SF to 888-777.”

facebooktwitterredditlinkedinmail

San Francisco Legislative Update (2019): San Francisco Extends Eviction Controls to All Residential Properties, Regardless of Date of Construction

Seal_of_San_Francisco

In 1979, San Francisco enacted an emergency ordinance to address “a shortage of decent, safe and sanitary housing in the City and County of San Francisco resulting in a critically low vacancy factor”. It extended rent control and eviction protections to all units constructed before its effective date, June 13, 1979.

For over a decade, San Francisco retained the ability to amend the ordinance via the same police power it used to enact the law in the first place. However, in 1995, California enacted the Costa-Hawkins Rental Housing Act, which permanently decontrolled units that had “already been exempt from the residential rent control ordinance of a public entity on or before February 1, 1995, pursuant to a local exemption for newly constructed units”.

In other words, prior to Costa-Hawkins residential rental units built after June 13, 1979 were already exempt under the San Francisco Rent Ordinance, which defined “rental unit” to exclude “rental units located in a structure for which a certificate of occupancy was first issued after the effective date of this ordinance”. Following Costa-Hawkins, San Francisco could no longer change this.

Until 2020, there was no statewide eviction control, and San Francisco had always been free to limit (or eliminate) the new construction date for its eviction controls. Effective January 1, 2020, AB 1482 created an additional requirement that a city must make a “binding finding within their local ordinance that the ordinance is more protective than the provisions of this section”.

Effective January 19, 2020, San Francisco Ordinance 296-19 makes such a finding in deleting the local exemption for new construction. San Francisco will no longer exclude from the definition of “rental unit” units built after June 13, 1979. While these units will remain exempt from its price controls, the Rent Ordinance’s eviction controls will now require “just cause” to terminate the tenancy of any San Francisco residential rental unit.

The text of Ordinance 296-19 is available here.

facebooktwitterredditlinkedinmail

SFAA, SFAR and SPOSFI Sue San Francisco over Sup. Ronen’s Rent Increase Legislation

california state seal

This week, the San Francisco Apartment Association, San Francisco Association of Realtors and the Small Property Owners of San Francisco Institute filed a petition for writ of mandate, seeking to permanently enjoin San Francisco from enforcing Ordinance 5-19, Supervisor Ronen’s legislation aimed at prohibiting “eviction by rent increase”.

facebooktwitterredditlinkedinmail

San Francisco Election Update (Archives): Proposition M (2008) – Adding Section 37.10B “Tenant Harassment” to the Rent Ordinance

Seal_of_San_Francisco

In 2008, San Francisco voters passed Proposition M – amending the San Francisco Rent Ordinance to include “tenant harassment” regulations (implemented as Section 37.10B). A group of petitioners (including landlords, landlord attorneys, the San Francisco Apartment Association and the SF Association of Realtors) filed a facial challenge against its provisions.

That case, Larson v. CCSF, overturned several of its provisions. The court found that the prohibition on continued buyout offers (after a tenant notified the landlord that they weren’t interested) violated free speech rights. Another provision allowing the Rent Board to award damages violated the judicial powers doctrine (by vesting judicial authority in an agency). Other provisions survived: San Francisco could prohibit offers to vacate accompanied by threats or intimidation (as a reasonable time, place and manner restriction on speech). And the Rent Board was permitted to award a reduction of rent based on a quantifiable reduction in housing services.

The full text of Proposition M is available here

facebooktwitterredditlinkedinmail

Zacks, Freedman & Patterson, PC To Join MCLE Panel on the Ellis Act in San Francisco

Justin A. Goodman of Zacks, Freedman & Patterson, PC will join a panel of attorneys (who represent both tenants and landlords), as well as the Senior Advisor at the Office of the Mayor, to teach a continuing legal education course on the Ellis Act. The course will include preparing for withdrawal of residential property from the housing market, the transactional process leading to termination of tenancy, common defenses, and the lasting effect on the property after ‘going out of business’.

The MCLE course is presented by the Bar Association of San Francisco, and will take place on December 10, 2018 at 12:00pm in the BASF Conference Center, located at 301 Battery Street, 3rd Floor, San Francisco, California.

Moderator
Tiffany R. Norman, trn Law Associates

Speakers
Andrew Wiegel, Wiegel Law Group, PLC
Thomas E. Drohan, Staff Attorney Legal Assistance to the Elderly
Justin A. Goodman, Zacks, Freedman & Patterson, PC
Jeff Buckley, Senior Advisor for the Office of the Mayor

The Bar Association of San Francisco has been providing San Francisco legal professionals with networking and pro bono opportunities in order to better serve the community since 1872.

Its mission is to champion equal access to justice and to promote humanity, excellence, and diversity in the legal profession. It provides legal services to disadvantaged and underserved individuals in San Francisco and creates opportunities for legal service in the community, encouraging participation by its members.

It advances professional growth and education, and elevates the standards of integrity, honor, and respect in the practice of law. It also cultivates diversity and equality in the legal profession, provides a collective voice for public advocacy, and pioneers constructive change in society.

facebooktwitterredditlinkedinmail

Justin Goodman Featured in SF Apartment Magazine Legal Q&A for November 2018

Justin Goodman was featured in the Legal Q&A for the November 2018 issue of SF Apartment Magazine – the official publication of the San Francisco Apartment Association.

Justin discussed potential liability for a landlord “waiting too long” to rent an available apartment when he is only receiving applicants enrolled in the Section 8 program, as well as how the recent opinion CCSF v. Post (2018) changed the rules on “source of income discrimination” in San Francisco.


SFAA is dedicated to educating, advocating for, and supporting the rental housing community so that its members operate ethically, fairly, and profitably. SFAA’s is a trade association whose main focus is to support rental owners by offering a wide variety of benefits that address all aspects of rental housing industry.

facebooktwitterredditlinkedinmail

Zacks, Freedman & Patterson, PC Attends FBANC Celebration of Judge Quidachay

Zacks, Freedman & Patterson, PC attended the Filipino Bar Association of Northern California celebration of retired Judge Ronald Evans Quidachay, hosted by the Dolan Law Firm.

(Featured: Staff Attorney Olga Grecova, Justin A. Goodman of Zacks, Freedman & Patterson, PC and Hon. Judge Ronald Evans Quidachay)

Judge Quidachay was one of the founding members of FBANC and the first Filipino-American to be appointed as a judge in Northern California (in 1983).

Also in attendance were the members of FBANC, past and present court staff, friends, family and the landlord and tenant attorneys who have had the great pleasure of arguing before him in Housing Court (some for their entire careers).

facebooktwitterredditlinkedinmail

San Francisco Chronicle Recommends No on Prop. 10

Citing a nearly universal rejection of rent control by economists, the San Francisco Chronicle recommends voting “no” on Proposition 10, the ballot measure aimed at repealing the Costa-Hawkins Rental Housing Act – a state law limiting and defining cities’ ability to impose rent control.

As the Chronicle describes it, “Prop. 10 would repeal the 1995 Costa-Hawkins Rental Housing Act, which protects properties built that year or later from rent control. The law also prevents cities with preexisting rent control laws from extending them to newer units; San Francisco’s ordinance, for example, remains limited to housing built before 1980. And Costa-Hawkins exempts single-family homes from rent control while guaranteeing property owners the right to raise rents to market value when units are vacated.”

facebooktwitterredditlinkedinmail