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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37.9A of the San Francisco Administrative Code was amended to impose more restrictions on owners’ re-rental rights to a withdrawn unit.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
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