Superior Court Strikes Ordinance Amendment re Increased Eviction Protections for School Employees and Families with Children During the School Year
Effective May 22, 2016, the Board of Supervisors amended Rent Ordinance Section 37.9(j) to prohibit certain no-fault evictions during the school year if a child under 18 or a person who works at a school in San Francisco resides in the rental unit, 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.
These eviction protections applied to the following types of no-fault evictions where the effective date of the eviction notice falls during the school year: owner/relative move-in [37.9(a)(8)], condominium conversion [37.9(a)(9)], demolition/permanent removal of unit from housing use [37.9(a)(10)], temporary eviction to perform capital improvements [37.9(a)(11)], or substantial rehabilitation [37.9(a)(12)].
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-16-515087, Judge Quidachay ruled on August 31, 2016 that “ordinance #160100 entitled ‘No-Fault Eviction Protections During School Year’ is invalid on its face, preempted by state law and unenforceable.” The court enjoined the City from enforcing the new amendment. The Judgment 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 order.