Monday, October 31, 2016

"Educators" ban on evictions is gone, for now

[02-14-2018: Court of appeals reversed the judgment today. We may now expect the "educators" ordinance to come back in force, unless a certiorari review will follow.]

On September 28, 2016, the San Francisco court adjudged the writ of mandate granted on August 31, invalidating the infamous ordinance of last year, which was injecting a new type of a protected tenant, the "educators." That the new limitation was overbroad and unnecessary wide, both as to covering categories of tenants, and in including previously unheard-of amount of types of evictions (even the temporary move-out for repairs)—all that I have already had an opportunity to cover in my earlier post. Thus, the Court's decision, invalidating the ordinance, was not a surprise to me.

What is surprising is how the Court arrived to invalidating this ordinance. This path seems to me worth our attention, to make a mental note in case of a similar argument in the future.