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Is My San Francisco Residential Unit Eviction-Controlled?
October 3rd, 2022
Contributor: Mark B. Chernev
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…
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Categories: Landlord/Tenant Issues
San Francisco and Berkeley’s Proposed “Empty Homes Tax” on Vacant Residential Units
September 7th, 2022
Contributor: Emily L. Brough
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 who maintains a “vacant” “residential unit…
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Categories: Land Use, Permits and Appeals
California’s Tenant Protection Act
August 24th, 2022
Contributor: Justin A. Goodman
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 neces…
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Categories: Landlord/Tenant Issues
In Defense of the Ellis Act
July 20th, 2022
Contributor: Scott A. Freedman
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 habitable premises. However, with the majority of rental units now covered by some form of rent con…
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Categories: Landlord/Tenant Issues
The Lis Pendens: Hammer of the Gods
July 19th, 2022
Contributor: Mark B. Chernev
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…
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Categories: Real Estate Litigation
The Time to Permit Your “Intermediate Length Occupancy” Unit is Now
June 27th, 2022
With relatively little fanfare, two years ago the Board of Supervisors adopted strict new rules to regulate ‘Intermediate Length Occupancy’ (ILO) units. An ILO unit is defined as a dwelling unit that is rented for more than 30 days but less than…
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Categories: Land Use, Permits and Appeals
Understanding San Francisco’s Property Code Enforcement Process
June 27th, 2022
Many San Francisco property owners are rightfully concerned when City agencies contact them about potential violations at their property. The property code enforcement process is confusing, and many enforcement notices threaten monetary penalties (or…
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Why Are “Unlawful Detainers” Summary Proceedings?
May 23rd, 2022
Contributor: Justin A. Goodman
“Eviction” is a civil remedy to restore real property to a person with the actual right of possession. “Unlawful detainers” are a unique type of civil lawsuit, which take their name from a set of statutes – called the “unlawful detainer s…
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Categories: Landlord/Tenant Issues
AB 2179 – So What Now?
May 16th, 2022
Contributor: Lisa K. Padilla
No doubt the last two years of moratoriums, eviction rules, required disclosures, declarations of Covid-19 related financial distress, and applications for rental assistance have our heads spinning. As a result, we find ourselves wondering when will…
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Categories: Landlord/Tenant Issues
Unreasonable HOA Board: You Can Act and Cause the Entire Board of Directors to be Removed
May 2nd, 2022
Contributor: Gael Bizel-Bizellot
Who hasn’t heard a horror story concerning an HOA Board of Directors abusing its powers? If you are facing a similar situation, don’t panic; the law addresses this issue and allows homeowners to remove an entire Board of Directors. Introduction A…
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Categories: Real Estate Litigation