San Francisco Landlords Challenge “Campos II” Enhanced Relocation Payments for Ellis Act Withdrawals of Rental Property

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This week, San Francisco landlords, along with the Small Property Owners of San Francisco Institute, filed a Petition with the San Francisco Superior Court to challenge the propriety of San Francisco Ordinance 68-15 – requiring enhanced relocation payments to tenants where a landlord seeks to “go out of the rental business” under the Ellis Act.

The challenge alleges the same defects that found its predecessor (Ordinance 54-14) to be an unconstitutional “exaction” (a taking without just compensation) in Levin, et al. v. CCSF last year and preempted by the Ellis Act and retroactive in violation of due process in Jacoby, et al. v. CCSF earlier this year.

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