Sites

Andrew M. Zacks, James B. Kraus, Law Offices of Andrew M. Zacks, San Francisco, for Real Party in Interest.

Susan Burnett Luten, Amicus Curiae for Small Property Owners of San Francisco and The Berkeley Property Owners' Association on behalf of Real Party in Interest.

STEVENS, J.

Petitioners are tenants who face eviction from their apartments after the landlord withdrew the property from the rental market pursuant to the Ellis Act (Gov. Code, §§ 7060 et seq.). The substantive question posed by their petition for writ of mandate is whether the defense of retaliatory eviction may be raised in a proceeding for eviction pursuant to the Ellis Act. For the reasons we explain below, we conclude that writ relief is not available, and we deny the petition.

Petitioners are tenants in a San Francisco building owned by real party in interest, Daniel Rosenbledt. Rosenbledt bought the building in January 1998, purportedly with full knowledge of its substandard conditions and of a notice of violation that had been issued by the city's housing inspector. Also pending at that time were petitions to the city's rent board filed by the tenants alleging a decrease in services and rent…