Carrico

The Small Property Owners of San Francisco Institute (“SPOSFI”) and Mary Figone appeal the district court’s judgment rejecting their facial First Amendment and vagueness challenges to portions of “Proposition M,” a popularly enacted amendment to the rent-stabilization ordinance of the City and County of San Francisco (“the City”). Because we conclude that both SPOSFI and Figone lack standing, we cannot reach the merits of their challenges. Instead, we vacate the district court’s judgment and remand with instructions to dismiss the complaint for lack of subject-matter jurisdiction.

I

San Francisco voters approved Proposition M in November 2008. As pertinent here, the proposition amended the City’s rent-stabilization ordinance to prohibit residential landlords and their agents from attempting, “in bad faith,” to “coerce the tenant to vacate with offers of payments to vacate which are accompanied with threats or intimidation.” S.F. Admin. Code § ST.lOBiaXO).

SPOSFI is a nonprofit association of approximately 1,500 residential landlords in San Francisco. In February 2009, it filed suit in the district court, seeking declaratory relief and a permanent injunction barring…