Stay of Enforcement for Sections of Prop M
On Wednesday, January 21st, a coalition of individuals and housing industry organizations, including the San Francisco Apartment Association, the San Francisco Association of Realtors, and the Coalition for Better Housing, was successful in obtaining a stay of enforcement of specific sections of Proposition M, passed by voters on the November 2008 ballot.
Shortly after noon Wednesday, San Francisco Superior Court Judge Paul H. Alvarado granted the Petitioners' ex parte application and ordered that Sections 37.2 and 37.10B(a)(6), (7) and (8), all related to a landlords right to free speech, be stayed until a final determination on the merits of Petitioners' writ of mandate.
The request for a stay was originally filed with the Superior Court on December 19th.
Proposition M, on the November 2008 ballot and spearheaded by Supervisor Chris Daly, amended the San Francisco Residential Rent Stabilization and Arbitration Ordinance under the guise of prohibiting harassment of tenants by landlords.
“We are very pleased that Judge Alvarado granted the stay we requested,” said Janan New, Executive Director of the San Francisco Apartment Association. “His granting of the stay clearly demonstrates that there are serious flaws with this ballot measure particularly with regard to the free speech rights of landlords.”
“Proposition M could have criminal repercussions for landlords who are simply trying to communicate with their tenants, a basic right of free speech and a basic necessity in order to provide housing for San Franciscans,” continued New.
“Proposition M clearly violates the free speech right of landlords to communicate with their tenants,” stated John Baba, an attorney with Wiegel & Fried, LLP, who argued the request for stay. “Judge Alvarado saw enough problems with sections of Proposition M to grant the stay preventing the City from implementing those sections. Now that the stay has been granted, we look forward to the next step which is making our full case to the judge against Proposition M.”
Judge Alvarado ordered the following sections of Proposition M, relating to the curtailment of free speech, be stayed:
- Section 37.2 is the new provision of the Rent Ordinance that defines housing service to include "quiet enjoyment of the premises, without harassment by the landlord as provided in Section 10B".
- Section 37.10B(a)(6) prohibits "attempts to coerce the tenant to vacate with offer(s) of payments to vacate which are accompanied with threats or intimidation".
- Section 37.10B(a)(7) prohibits "continuing to offer payments to vacate after tenant has notified the landlord in writing that they no longer wish to receive further offers of payments to vacate".
- Section 37.10B(a)(6) prohibits landlords from "threatening the tenant, by words or gesture, with physical harm".
Judge Alvarado further ordered that Petitioners shall file their opening brief in support of their Petition for Writ of Mandate on or before February 27, 2009. The City shall file their opposition brief on or before March 27, 2009. Petitioners' reply brief shall be filed on or before April 10, 2009.
A hearing on the Petition for Writ of Mandate will be held on April 17, 2009 at 9:30 am in Dept. 302.
The SFAA would like to extend a special thanks to its long time members independent owner Norman Larson and Honor Bulkley of Round Hill Pacific for their participation in this important lawsuit.