Cwynar

I. Introduction

Proposition G is a San Francisco ordinance that restricts a property owner’s ability to evict a tenant from a residential rental unit so that the unit can be used as a residence by the owner or a close family member. Several property owners and three associations (plaintiffs) sued the City and County of San Francisco (the City) and others alleging, among other things, that Proposition G is unconstitutional on its face and as applied to them.

The superior court sustained a demurrer without leave to amend as to each of the causes of action challenging the constitutionality of Proposition G. We find that plaintiffs have alleged, or may well be able to allege, sufficient facts to support their claim that Proposition G constitutes a taking of their property without just compensation in violation of the state and federal Constitutions. Therefore, we reverse the part of the judgment that is based on the trial court’s ruling sustaining the demurrer without leave to amend.

II. Statement of Facts

A. Proposition G

The grounds pursuant to which a City landlord may recover possession of a residential rental unit from a tenant are set forth in section 37.9 of the…