Recently operative San Francisco Rent Ordinance section 37.15 requires owners to report certain information about their units to the Rent Board in order to obtain a license to impose annual and/or banked rent increases. This requirement applies to increases that are...
Month: January 2021
The “Builder’s Remedy” May Bring Relief to Bay Area Housing Developers Starting February 1
The Housing Accountability Act (HAA) limits the ability of a local government to deny housing development projects so long as the project complies with all applicable, objective general plan and zoning standards. However, the HAA also contains a potentially powerful...
Should San Francisco Developers Ready Themselves for the Builder’s Remedy?
San Francisco is facing an upcoming deadline to submit its new Housing Element to the state by January 31, 2023. If it fails to meet this deadline, savvy developers may be at the ready to submit projects under the “builder’s remedy” on February 1. The builder’s remedy...
2710 Sutter Ventures, LLC v. Millis: Tough Fall for the Ellis Act
The Ellis Act is often described as allowing property owners in rent-controlled jurisdictions to “go out of business.” It allows landlords the right to exit the residential rental market. In that respect, it commands public entities not to compel property owners to...
How Does the Recent Amendment to the Ellis Act Affect Property Owners’ Re-Rental Rights in San Francisco?
On July 18, 2022, Section 37.9A of the San Francisco Administrative Code was amended to impose more restrictions on owners’ rights to re-rent a withdrawn unit. Background: The Ellis Act (codified in Section 7060, et seq. of the California Government Code and...
Is My San Francisco Residential Unit Eviction-Controlled?
The San Francisco Rent Ordinance regulates rent and eviction controls for residential units which are not exempt from regulations. Jurisdiction over rent control and eviction control are not identical, but they often do overlap. However, just because a residential...
San Francisco and Berkeley’s Proposed “Empty Homes Tax” on Vacant Residential Units
This November, San Francisco and Berkeley voters will see the “Empty Homes Tax” initiatives (EHTs) on the ballot for consideration. If passed, the EHTs would impose a substantial tax on each person that maintains a “vacant” “residential unit” in San Francisco or...
California’s Tenant Protection Act
Assembly Bill 1482 (“AB 1482”), otherwise known as the Tenant Protection Act of 2019, introduced the first of its kind, statewide, price limits and eviction protections of landlord/tenant law in California. The broad scope of the Act is not necessarily new. Federal...
In Defense of the Ellis Act
Being a landlord is tough. It begins with a seemingly reasonable exchange: the payment of a market rental rate in exchange for a commitment to provide a habitable premises. However, with the majority of rental units now covered by some form of rent control, the...
The Lis Pendens: Hammer of the Gods
California law, courts, and history have consistently promoted that real property be freely and completely transferable. However, it is not uncommon for disputes to arise where one party alleges that an owner cannot transfer real property because the alleging party...
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