Appeal of writ in the Baba v. Rent Board Case

Appeal of writ in the Baba v. Rent Board CaseOn July 22, 2003, the City Attorney filed an appeal of Judge McBride's writ in the Baba v. Rent Board case, which had enjoined the Rent Board from enforcing two sections of the Daly amendments, Ord. 57-02. Since the filing of the appeal automatically stays the writ pending appeal, Ordinance Sections 37.10A(c) and 37.10.A(g) are now back in effect and enforceable. Thus, unless and until the Court of Appeal grants a motion to lift the stay or denies the City's appeal, landlords must:

  • put a threat or request for a tenant to move in writing within 5 days of the threat or request;
  • independent tenant counsel and court approval are required for a valid waiver of tenant rights under the Ordinance; and,
  • landlords must file settlement agreements with the Board.
Landlords contemplating an eviction are urged to seek the advise of counsel versed in tenant/landlord law.