Rent Control Ruling

Rent Control Ruling - Filed 2/23/11 CERTIFIED FOR...

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Filed 2/23/11 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE NORMAN T. LARSON et al., Plaintiffs and Appellants, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant and Appellant. A125887 Super. Ct. No. 08-509083) . . . I…. II. F ACTUAL AND P ROCEDURAL B ACKGROUND In November 2008, San Francisco voters approved Proposition M, an initiative measure that amended the City’s Rent Ordinance (S.F. Admin. Code, § 37.1 et. seq.). 1 The voter materials stated the amendments were necessary to ensure property owners do not abuse their statutory rights under the Costa-Hawkins Rental Housing Act (hereafter Costa-Hawkins Act; Civ. Code, § 1954.50 et seq.), which was enacted in 1995, to raise rent to market rates on vacated units. The voter materials described several reports of harassing conduct aimed at getting tenants to move. Prior to the passage of Proposition M, the City’s Rent Ordinance defined “housing services” as follows: “services provided by the landlord connected with the use or occupancy of a rental unit including, but not limited to: repairs, replacement, maintenance; painting; light; heat; water; elevator service; laundry facilities and privileges; janitor service; refuse removal; furnishings; telephone; parking; rights 1 All further statutory references are to the San Francisco Administrative Code unless otherwise indicated. 1
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permitted the tenant by agreement, including the right to have a specific number of occupants . . . and any other benefits, privileges or facilities.” 2 (Former § 37, subd. (g).) Proposition M added to this definition of “Housing Services,” the “quiet enjoyment of the premises, without harassment by the landlord as provided in Section 10B.” (§ 37.2, subd. (g).) New section 37.10B lists more than a dozen prohibited acts of “harassment.” It provides: “No landlord, and no agent, contractor, subcontractor or employee of the landlord shall do any of the following, bad faith or with ulterior motive or without honest intent. [¶] (1) Interrupt, terminate or fail to provide housing services required by contract or by State, County or local housing health or safety laws; [¶] (2) Fail to perform repairs and maintenance required by contract or by State, County or local housing, health or safety laws. [¶] (3) Fail to exercise due diligence in completing repairs and maintenance once undertaken or fail to follow appropriate industry repair containment or remediation protocols designed to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts. [¶] (4) Abuse the landlord’s right of access into a rental housing unit as that right is provided by law; [¶] (5) Influence or attempt to influence a tenant to vacate a rental housing unit through fraud, intimidation or coercion; [¶] (6) Attempts to coerce the tenant to vacate with offer(s) of payments to vacate which are accompanied with threats or intimidation;
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This note was uploaded on 01/26/2012 for the course FIN 365 taught by Professor Staff during the Spring '11 term at S.F. State.

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Rent Control Ruling - Filed 2/23/11 CERTIFIED FOR...

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