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...
Real Estate Law
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37.9A of the San Francisco Administrative Code was amended to impose more restrictions on owners’ rights to re-rent a withdrawn unit.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...
Understanding San Francisco’s Property Code Enforcement Process
Many San Francisco property owners are rightfully concerned when City agencies contact them about potential violations at their property. The enforcement process is confusing, and many enforcement notices threaten monetary penalties (or worse). Enforcement actions are...
The Time to Permit Your “Intermediate Length Occupancy” Unit is Now
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 one year. Tapping...
Why Are “Unlawful Detainers” Summary Proceedings?
“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 statues” – which California...
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