Conditional Use Legislation for Owner-Occupancy Evictions Invalidated by S.F. Judge by S.F. Judge June 11, 1999

A judge issued a ruling Monday June 14, 1999 stating the Conditional Use requirement for certain units being owner-occupied was invalid and has barred the Department of City Planning from enforcing this provision of the Planning Code.

This legislation was not a part of the Rent Ordinance and did not have any effect on an owner"s ability to pursue a lawful eviction pursuant to the Rent Ordinance, although many thought otherwise. The judge did not rule on Proposition G, which was passed by the voters last November 1999, and did affect evictions for owner-move-in purposes. A decision in this matter is not expected for many months. As it currently stands, Proposition G is in full force and effect.