Legislative Watch: AB 2343 (2018): Amendment to Unlawful Detainer Statutes To Extend Breach Cure Period and Tenants’ Time To Respond to Complaint

AB 2343 (2018), introduced by Assemblymember Chiu, seeks to significantly alter the the timing involved in unlawful detainer actions.

Unlawful detainers (often referred to as an “eviction lawsuit”) are unique among civil actions for their summary character. This is because, unlike other civil actions, they proceed on a five-day summons (instead of thirty), and most of their discovery and law & motion procedures are condensed as well. (Because of this, there have also been consequences for failure to “strictly comply” with the unlawful detainer statutes, in that a landlord must properly plead why she has standing for an unlawful detainer case (as opposed to, say, a breach of contract and ejectment lawsuit), as other causes of action and cross-complaints are generally not allowed. This also means that a landlord has served, e.g., a “three-day notice to cure or quit” that has expired prior to commencing the eviction lawsuit.
Continue reading Legislative Watch: AB 2343 (2018): Amendment to Unlawful Detainer Statutes To Extend Breach Cure Period and Tenants’ Time To Respond to Complaint

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

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

Justin discussed the distinctions between the landlord-tenant relationship and master tenant-subtenant relationship with respect to rent control. Justin also discussed where this distinction might be blurred, who might be considered the “original occupant” (for purposes of rent control and Costa-Hawkins) and how a landlord can best position themselves for clear-cut lines with well-defined rights going forward.


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.

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Golden State Ventures, LLC v. City of Oakland Rent Board – (Unpublished) Clarity on the “Sold Separately” Requirement for Condominium Decontrol under Costa-Hawkins

“The Rent Board contends the “sold separately” exception does apply under our facts because plaintiff “admits that it has control of and owns the entire building at 840 55th Street, Oakland, California.” The Rent Board also notes the building’s four units are all connected within the structure, there are no units in the building that were not converted to condominiums, plaintiff negotiated to purchase all the units together, none of the units were sold to new occupants, and the complaining tenants continued to reside in their units just as they had prior to the conversion. Essentially, the Rent Board asserts plaintiff did not meet the “sold separately” requirement because it purchased the entire apartment building, regardless of how the transaction was structured. Plaintiff counters that the “sold separately” exception “applies rent control only to condominium subdividers [like Kolevzon], not to subsequent purchasers like Golden State.” Plaintiff is correct.”

In Golden State Ventures, LLC v. City of Oakland Rent Board, a landlord purchased four out of four of the condominium units in a single building in Oakland, and then increased the tenants’ rents by 125%. Apparently quite proud of this purchase, “In a blog posting discussing the acquisition of the building, plaintiff’s principal, Arlen Chou, stated: ‘The best part of the property is that as they are condominiums, they are EXEMPT from rent control! I will soon own a little island of rent control free property in a rising neighborhood in Oakland. Who said there are no deals in the Bay Area???’.”

However, while Costa-Hawkins decontrols “separately alienable” units (like single family homes) from rent control, a 2002 amendment “closed the loophole” where condominium subdividers obtained final map approval for sale, but then kept entire buildings – formerly apartments – as rent-control-exempt property, exalting form over function. As noted by the court in Golden State Ventures, LLC, “Such conduct was entirely legal at that time”, until the 2002 amendment required that the units be “sold separately to a bona fide purchaser” before decontrol applied.

Continue reading Golden State Ventures, LLC v. City of Oakland Rent Board – (Unpublished) Clarity on the “Sold Separately” Requirement for Condominium Decontrol under Costa-Hawkins

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

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

Justin discussed San Francisco’s recent “ISP anti-monopoly” ordinance (titled “Occupant’s Right To Choose a Communications Services Provider”), explaining the ISP’s obligations in complying with the law while seeking access to a building, as well as an owner’s rights and duties in allowing (or lawfully refusing) access.


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.

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SF Curbed Reports on Failed Costa-Hawkins Repeal Effort

Today, AB 1506 – the Assembly Bill aiming to repeal the Costa-Hawkins Rental Housing Act, failed to obtain the necessary votes to get out of the Housing and Community Development Committee. Costa-Hawkins prevents cities from imposing “strict” vacancy control (i.e., maintaining rental rates even after all tenants vacate) and it exempts certain kinds of property (like single family homes, condominiums and “new construction”) from price controls.

AB 1506 would simply have repealed Sections 1954.50, et seq. of the Civil Code, eliminating the preemptive state law, but it fell one vote short of the necessary four. Another repeal effort, styled as The Affordable Housing Act, may be headed to voters this November, if it obtains the necessary signatures by a June 28, 2018 deadline.

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San Francisco Election Update (Archives): Proposition I (1994) – Removing Four-Unit Owner-Occupied Building Exemption from Rent Ordinance

Seal_of_San_Francisco

On November 8, 1994, San Francisco voters passed Proposition I, which removed the provision of the Rent Ordinance exempting owner-occupied buildings with four or fewer units from the Rent Ordinance. That provision of (former) Section 37.2(p)(5) defined “rental units” to exclude “owner occupied buildings containing four (4) residential units or less, wherein owner has resided for at least six continuous months”.

Proposition I rolled back rents to their May 1, 1994 levels and it applied eviction control provisions to these rental units. The Rent Board also amended its Rules & Regulations to apply the new changes.

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Legislative Update San Francisco Ordinance 95-17 Expanding Use of Accessory Dwelling Unit Density Bonuses in Conjunction with Seismic Retrofit

San Francisco’s Ordinance 95-17 expands the use of accessory dwelling units (“ADUs”) in existing structures from the previous ADU density bonus ordinance.

Continue reading Legislative Update San Francisco Ordinance 95-17 Expanding Use of Accessory Dwelling Unit Density Bonuses in Conjunction with Seismic Retrofit

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Justin Goodman Featured in SF Apartment Magazine Legal Q&A for November 2017

Justin Goodman was featured in the Legal Q&A for the November 2017 issue of SF Apartment Magazine – the official publication of the San Francisco Apartment Association.

Justin engaged an interesting issue about a tenant violating a lease provision concerning their parking space – one that called for forfeiture of the space – in the context of San Francisco’s prohibition against severing housing services without “just cause” and in the context of case law preventing evictions other than for violations of “material” lease terms.


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.

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“Costa-Hawkins Repeal” Effort May Be Heading Directly To Voters

This Monday, Michael Weinstein, president of the AIDS Healthcare Foundation, filed a proposed ballot initiative with Office of the Attorney General, aiming to repeal the Costa-Hawkins Rental Housing Act.

The ballot measure would send the issue of repeal directly to the voters, following the decision of Assemblymembers Chiu and Bloom to slow-track their legislative effort for repeal (AB 1506).

Continue reading “Costa-Hawkins Repeal” Effort May Be Heading Directly To Voters

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Residential Rent and Eviction Control Resources