California Court of Appeal
S.F. Apartment Assn. v. City and Co. of San Francisco, 144702
In a case seeking relief against defendant City on preemption grounds, asserting that a local ordinance, San Francisco Planning Code article 3 section 317(e)(4), absolutely conflicted with the Ellis Act of 1985, Government Code section 7060 et seq, the trial court's grant of a writ of mandate and injunctive relief in favor of plaintiffs is affirmed where section 317(e)(4) is preempted by the Ellis Act to the extent it requires a landlord effectuating a no-fault eviction to wait 10 years before applying for a permit to undertake a residential merger on the property.
Appellate Information
- Published 2016/09/19
Judges
- JENKINS
Court
- California Court of Appeal