Judge strikes down San Francisco eviction law

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  1. http://www.sfgate.com/bayarea/article/Judge-strikes-down-San-Francisco-eviction-law-6554447.php


    San
    Francisco's latest attempt to make landlords pay relocation costs for tenants
    they evict when the property owners go out of the rental business has hit
    another judicial roadblock.


    The ordinance, scaled down from a
    previous measure, would require landlords to pay displaced tenants the
    difference between their current rent and the market rate for a similar unit in
    the city for two years, up to a maximum of $50,000. Tenants would have to show
    they were using the funds solely for relocation costs and rents, and landlords
    who faced hardships could appeal to the city Rent Board to reduce their payments.


    But Superior Court Judge Ronald Quidachay said the required payments
    exceed the “reasonable” relocation assistance authorized by the Ellis Act, the
    state law that allows landlords to evict all their tenants when they leave the
    rental business without having to show any other grounds for an eviction.


    Reasonable payments are those that
    would offset the immediate costs of eviction - first and last months' rent, the
    tenant's security deposit and moving expenses, Quidachay said in his ruling
    Friday. He said additional charges to “subsidize the payment of rent that a
    displaced tenant will face on the open market, regardless of income ... have no
    relationship to the adverse impact caused the a landlord's decision to exit the
    rental market.”


    He also noted that the $50,000
    maximum payment for two years is more than three times as high as the current
    payment for displaced San Francisco tenants - $4,500 a year, adjusted
    annually for inflation - authorized by a 2005 city ordinance that was upheld by
    the courts.


    The ruling is “a major victory for
    San Francisco property owners,” said Andrew Zacks, a lawyer for three landlords and
    the Small Property Owners of San Francisco Institute, who challenged the
    ordinance. “No matter how many times it tries, the city cannot disregard state
    law.”


    The city plans to appeal.


    The issue in the case is, “Can we
    make landlords compensate tenants for what we know are the real impacts of
    Ellis Act evictions,” Deputy City Attorney Christine Van Aken said Tuesday.


    She said the state law allows local
    governments to “require mitigation of any adverse impact” on evicted tenants.
    “We think having to pay dramatically new, higher rents is an adverse impact of
    the eviction,” Van Aken said.


    The author of the ordinance,
    Supervisor David Campos, said he was confident that the law
    would be upheld on appeal. “I think that in the midst of the worst housing
    crisis in the history of San Francisco, adjusting relocation payments to
    reflect the crisis in which we are is a reasonable step,” he said.


    An earlier Campos ordinance, which
    took effect in June 2014, required the same two-year rent subsidy but without
    the $50,000 limit, and did not require tenants to show that they used the funds
    solely for housing.


    U.S. District Judge Charles Breyer declared the measure
    unconstitutional in October 2014, saying it violated property rights by forcing
    owners to pay for problems they didn't cause - the skyrocketing prices of
    rental housing, and the gap between market rates and the city's rent-control
    law. Quidachay, in a separate case, ruled later that the ordinance also
    conflicted with the Ellis Act's authorization of only “reasonable” relocation
    assistance. The city has appealed both rulings.


    City supervisors approved Campos'
    new ordinance in May and it was scheduled to take effect in June but has been
    on hold during the legal challenge.


    Bob Egelko is a San Francisco Chronicle staff writer. E-mail: begelko@sfchronicle.com Twitter: @egelko
     

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