ZFP’s Andrew M. Zacks featured in the Daily Journal: Property owners fight city ordinances banning evictions
The complaint was filed by Andrew M. Zacks, managing partner of Zacks, Freedman & Patterson PC in San Francisco. It claims San Francisco’s ordinance is preempted by the California Emergency Services Act. Zacks argued the city’s policy banning evictions is based on Newsom’s orders but would remain in effect long after the orders themselves are no longer operative. “The order does not allow municipalities to permanently prohibit those proceedings,” Zacks wrote in the complaint. “Instead, the order specifically provides that it does not restrict a landlord’s ability to recover unpaid rents.” Reached Wednesday, Zacks said Haines has scheduled a hearing on the merits for July 31. Zacks also said there appears to be ambiguity in the statute, particularly in how it would play out when the order is lifted. Given that tenants would still owe rent, would any payments be automatically counted toward back rent, and could they be evicted for non-payment of subsequent months’ rent while they are paying down their debt?
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