Superior Court Strikes Recent Amendments To The Tenant Buyout Ordinance
Effective April 6, 2020, the Board of Supervisors amended Rent Ordinance Section 37.9E (the “Amended Buyout Ordinance”) to revise the requirements that landlords must follow when engaging in buyout negotiations with tenants. A copy of the legislation is available here [Ord No. 36-20].
In a state court challenge in San Francisco Apartment Association et al v. City and County of San Francisco et al, San Francisco Superior Court Case No. CPF-20-517087, Judge Haines initially ruled on October 8, 2020 that “ordinance 36-20 is invalid and unenforceable”, and enjoined the City from enforcing the entirety of the Amended Buyout Ordinance. However, the Superior Court’s judgment issued on December 11, 2020 supersedes the prior order and only enjoins sections (c) and (i) of the Amended Buyout Ordinance, which allows the remaining sections of the legislation to remain intact and enforceable. The Judgement Granting Petition for Writ of Mandate in San Francisco Apartment Association et al v. City and County of San Francisco et al is available here.
The City has not yet indicated if it will appeal the judgement.