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Eminent Domain: When Government Has the Right to Take Your Property
June 21st, 2023
Contributor: Emily L. Brough
Eminent Domain concerns the right of the government or other authorized entity to force a sale of private property for “public use.” The law of eminent domain is grounded in both federal and state constitutions, and as long as certain statutorily…
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The Slow End of the Eviction Moratoria in Alameda County: Now What?
May 29th, 2023
Contributor: Scott A. Freedman
After several extensions and several years, the eviction moratoria in Alameda County has now ended. The City of Oakland will phase its own moratoria out over the course of the next few months. The City of Berkeley will also phase out over the next se…
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San Francisco Enacts Harsh New Penalties for Code Violators
May 8th, 2023
San Francisco property owners should think twice before commencing construction projects without proper permits and approvals. On March 21, 2023, the San Francisco Board of Supervisors passed Ordinance No. 220878, which significantly increases fines…
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Categories: Land Use, Permits and Appeals
San Francisco’s Commercial Vacancy Tax: Have You Reported?
April 25th, 2023
Contributor: Andrew R. Catterall
The last day of February marks the end of the first reporting period for San Francisco’s new Commercial Vacancy Tax. The tax was approved in March of 2020 by more than 70% of San Francisco voters, and is codified in Article 29 of the San Francisco…
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Categories: Land Use, Permits and Appeals
San Francisco Rent Increase Licenses – Don’t Forget to Report!
January 23rd, 2023
Contributor: Lisa K. Padilla
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 in…
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Categories: Landlord/Tenant Issues
The “Builder’s Remedy” May Bring Relief to Bay Area Housing Developers Starting February 1
January 12th, 2023
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 pote…
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Categories: Land Use, Permits and Appeals
Should San Francisco Developers Ready Themselves for the Builder’s Remedy?
December 5th, 2022
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…
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Categories: Land Use, Permits and Appeals
2710 Sutter Ventures, LLC v. Millis: Tough Fall for the Ellis Act
November 29th, 2022
Contributor: Justin A. Goodman
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…
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Categories: Landlord/Tenant Issues
How Does the Recent Amendment to the Ellis Act Affect Property Owners’ Re-Rental Rights in San Francisco?
October 17th, 2022
Contributor: Gael Bizel-Bizellot
On July 18, 2022, Section 37.9A of the San Francisco Administrative Code was amended to impose more restrictions on owners’ re-rental rights to a withdrawn unit. Background The Ellis Act (codified in Section 7060, et seq. of the California Governme…
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Categories: Landlord/Tenant Issues
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