Chacon

INTRODUCTION

In these consolidated appeals, defendants Edward Litke, and Edward Litke Revocable Trust of 1995 (Litke) appeal from a judgment and postjudgment order of the San Francisco Superior Court in a wrongful eviction action in favor of plaintiffs Jorge Chacon, Sr., Gilma Chacon and their adult children, Jorge Chacon, Jr. (Jorge Jr.), Amilcar Chacon, and Tania Chacon (Chacons). Following a bench trial, the court awarded the Chacons damages and attorney fees under the San Francisco Residential Rent Stabilization and Arbitration Ordinance (Ordinance), ruling that Litke violated the Ordinance when, after bringing a successful unlawful detainer action against the Chacons so that he might effect repairs under the Ordinance, San Francisco Administrative Code section 37.9, subdivision (a)(ll), Litke wrongfully recovered permanent possession by refusing to allow the Chacons to return to the apartment after the expiration of 90 days.

Litke contends, among other things, that the court erred in rejecting his claims that (1) the Ordinance allows a right of reoccupation only to those tenants who temporarily vacate after notice from the landlord and not to tenants who leave only…