City & County of San Francisco v. Municipal Court

Harry Strauch and Howard Gottstein, appellants and real parties in interest, appeal the issuance of a peremptory writ of mandate compelling the San Francisco Municipal Court to vacate its order quashing inspection warrants issued for two properties in the Upper Ashbury area of San Francisco and compelling it to reissue same. The warrants were originally issued when appellants refused an inspection of their premises pursuant to a San Francisco Rehabilitation Assistance Program (RAP) rehabilitation of the area, Appellants contend the affidavits offered in support of the warrants are constitutionally insufficient because they do not provide probable cause to inspect. We affirm.

The Marks-Foran Residential Rehabilitation Act of 1973 (Health & Saf. Code, § 37910 et seq.) authorizes cities, counties, and their redevelopment agencies and housing authorities “to make long-term, low-interest loans to finance residential rehabilitation in depressed residential areas in order to encourage the upgrading of property in such areas ([Health & Saf. Code,] *716 § 37911) and to issue bonds for the purpose of financing such residential rehabilitation ([Health & Saf. Code,] § 37916).”…