Monday, July 6, 2015

Fresh Amendment to Ellis Act Relocation Payments Ordinance

The San Francisco Rent Board has recently amended Section 37.9A of the San Francisco Administrative Code, capping the amount of proposed relocation payments at $50,000. This is still an about three times larger amount than what is currently allowed, but at least there is now a limit.

This is a significant change from a previously proposed unlimited amount of payments based on rental differential. The amended Section 37.9A currently remains not enforced, pending appeal on Levin v. City & County of San Francisco, which imposed an injunction on the proposed payment increases.

Of interest, the San Francisco's Office of the Controller has issued a report of monthly rental rates for 2013 and 2014. These numbers, previously only guessed about, would be important for establishing the rent differential in calculating the Ellis Act relocation payments due.

The story will have its next turn after the ruling on Levin's appeal. Stay tuned.
[Update: on October 2, 2015, in Coyne case, the court stricken this ordinance as even more unreasonable than the original one. More on this here]

[On March 21, 2017, the court of appeals agreed with the trial court and affirmed the judgment]



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Your options and available strategies in handling evictions will depend on your case's particular facts. If you want to learn on your options, rights, and obligations in contesting or preserving your real property rights, including the Ellis Act evictions, make your first step toward taking control over the circumstances, and call my office at (415) 987-7000. I will be glad to assist in guiding you through the jungle. The only thing you can't afford is to stay put and uninformed. My office provides a confidential assessment of your particular scenario, free of charge, and I will share with you the results of the analysis along with my thoughts on available solutions.

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