California Supreme Court Denies Review of Court of Appeals Decision Upholding Ordinance Amendment re Increased Eviction Protections for School Employees and Families with Children During the School Year – Update #4 (4/25/18)
Effective May 22, 2016, Section 37.9(j) of the Rent Ordinance was amended to limit certain no-fault evictions during the school year if a child under 18 or a person who works at a school in San Francisco (an “educator”) resides in the unit, the child or educator is a tenant in the unit or has a custodial or family relationship with a tenant in the unit, and the tenant has resided in the unit for 12 months or more. The amendment also deleted a prior exception for certain owners that applied to owner move-in evictions during the school year. For more information about the scope of the amendment, see the 2016 “What’s New” item entitled New Eviction Protections for School Employees and Families with Children During the School Year.
Following a lawsuit by the San Francisco Apartment Association and Small Property Owners of San Francisco Institute, the San Francisco Superior Court enjoined the City from enforcing the Ordinance amendment on August 31, 2016 in the case of SFAA v. CCSF, Case No. CPF-16-515087. On October 11, 2016, the City appealed the Superior Court's ruling and on February 14, 2018, the California Court of Appeal issued a published decision upholding the legality of the Ordinance amendment. [SFAA v. CCSF, No. A149919] On April 25, 2018, the California Supreme Court denied the plaintiffs’ petition for review.