Court Denies Landlords' Claim that Belief Req Preempted by Ellis Act

Court Denies Landlords' Claim that Belief Req Preempted by Ellis Act

 

In the case of Johnson and Small Property Owners of San Francisco v. CCSF, SF Superior Court Case No. 505273,  Judge Quidachay denied the petition for writ of mandate on July 25, 2005 challenging Rent Ordinance Section 37.9A (e)(4), which requires landlords to state in notices to quit under the Ellis Act that tenants have the right to relocation payments and the amount which the landlord believes to be due. The judge found that the belief requirement was not preempted by the Ellis Act since it did not impose an obligation to investigate the tenants' entitlement but only state the landlord's belief, and also that landlords had an adequate remedy at law by resolving any disputes in the unlawful detainer action.