Pieri

Pieri v. City & County of San Francisco

Good Law
137 Cal. App. 4th 905
Court of Appeal of CaliforniaFebruary 21, 2006No. A110571California3,432 words

Opinion

lead Opinion

Rivera, J.

The City and County of San Francisco (the City) appeals after the trial court granted the petition for writ of mandate of Jackie Fieri, Lavinia Turner, and Small Property Owners of San Francisco (collectively Fieri), concluding the City’s relocation assistance ordinance on its face violated the Ellis Act (Gov. Code, 1 § 7060 et seq.). We reverse.

I. BACKGROUND

Jackie Fieri and Lavinia Turner own residential rental properties in San Francisco which they seek to remove from the rental market. Small Property Owners of San Francisco is an organization seeking to promote home ownership in San Francisco. They filed a petition for writ of mandate on March 2, 2005, alleging the City’s relocation assistance ordinance (ordinance No. 21-05), which required landlords to provide relocation assistance to their tenants when removing property from the rental market (S.F. Admin. Code, ch. 37, § 37.9A, subd. (e)(3)), facially violated the Ellis Act. The petition alleged the relocation ordinance was not reasonably related to the tenants’ need for assistance, and therefore impermissibly placed a prohibitive price on the right to withdraw property from the rental market. The trial court…

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