How Preemptive Is the Ellis Act?

On June 20, 2018, California Supreme Court denied review of Small Property Owners of San Francisco Institute v. City & County of San Francisco (2018) 22 Cal.App.5th 77, thus affirming its holding, striking a 10-year ban on alterations of non-conforming units following the Ellis Act evictions.  The decision was reached on the preemption argument of the Ellis Act (Cal. Gov. Code § 7060 et seq.).  How often it is a winning argument, and how universally its preemption is applied? Let us take a look at a few recent decisions.

10-year ban on residential mergers following non-fault eviction is confirmed as invalid by the appellate court

On September 19, 2016, San Francisco homeowners got confirmed in their relief, when the appellate court affirmed our county court's decision to strike a 10-year ban on residential mergers, following a non-fault eviction. The decision became final on October 24 (3 Cal.App 5th 463).  And yes, we are now in the fifth series of appellate decisions, since July 1, 2016.

Eviction Control v. Rent Control - Is It Possible To Evict From a Single Family House In San Francisco?

Common wisdom holds that, while certain housing units are exempt from the Rent Control in San Francisco, they are still subject to the Eviction Control. That is, even if you can raise rent in those units above the limits (URL upd. 05/26 — original Topic No. 19 archive (2015)) dictated by the Rent Board, you still can't evict a person but for the defined "just cause" reasons. Such is the statement in Topic No. 19, issued by the San Francisco Rent Board.

Yet a close analysis of applicable sections of the SF Administrative Code indicates that an exception to the rule does exist, albeit a very narrow one. Despite what is said in the Topic No. 19, the prohibition is not absolute.

2014 Developments in Real Estate in San Francisco

This looks like a perfect moment to look back and observe what's new on our real property scene and what changes were most notable in 2014. I can't climb down your chimney, but please accept as my present to you, this short summary of the most noticeable movements I assembled below:

The Times Are A-Changing: Pending Developments Affecting San Francisco Real Estate In 2014

There are several developments currently--and rapidly--changing the San Francisco real property scene, all worthy of attention: condo-conversions, Ellis Act, vacation rentals, changes in in-law apartments, and more, all actively brewing right before our nose. Here is the short summary of the developments as of today:

Running Circles Around Planning Department: Start By Planning

Back in 2012, I've made a simplified flowchart of the steps required for a real estate homeowner or developer to handle the San Francisco Department of Building Inspection's notices of violation.  This plan is still relevant today.

New Condo Conversion Ordinance

The famous condo conversion lottery is now suspended, and there are new rules now governing the process. The San Francisco Board of Supervisors adopted changes and amendments to the SF Subdivision Code, Sections 1396, 1396.4, and 1396.5. You can read a final version of the Ordinance No. 117-13 here.

More on LLC's Personhood

A couple of recent cases, issued within a week of each other, touched on the subject of entity's personhood, seemingly from two opposite sides of the problem.