Litigation
In
February 2023, SFAA sued the City and County of San Francisco (CCSF) on the
voter-approved Residential Vacancy Tax, alleging violations of equal
protection, due process, the takings clause, the right to privacy, and the
Ellis Act. A hearing date has not yet been scheduled.
Click Here to Read SFAA’s Lawsuit on the Residential Vacancy Tax
In March
2023, SFAA and CAA filed a joint Amicus Brief with the US Supreme Court in
support of Kagan, et al. v. City of Los Angeles. The case challenges the City
of Los Angeles’ restrictions on certain owner move-in evictions as an
unconstitutional taking in violation of the Fifth Amendment and deprivation of
due process. The Supreme Court will consider whether to accept the case for
review after May 3, 2023.
In 2022,
SFAA sued CCSF and successfully eliminated a requirement to issue a 10-day
warning notice prior to the issuance of a notice to pay rent. An appeal by the
City is pending.
In 2022,
SFAA also filed an Amicus Brief in the US Supreme Court supporting Petitioner
Lyndsey Ballinger who challenged Oakland’s tenant relocation assistance
ordinance as an unconstitutional taking under the Fifth Amendment.
In 2020,
SFAA successfully sued CCSF over the expansion of the City’s Tenant Buyout
Ordinance. The City’s appeal of the final judgment in that case is
calendared for argument on April 26, 2023.