S.F. Apartment Ass'n v. City & Cnty. of S.F.

Good Law
20 Cal. App. 5th 510·229 Cal. Rptr. 3d 124
Court of Appeal of CaliforniaFebruary 14, 2018A149919California4,255 words

Opinion

lead Opinion

Simons, J.

*126 *513 To reduce the number of no-fault evictions of families with children and educators during the school year, the City and County of San Francisco and the San Francisco Board of Supervisors (collectively, the City) barred such evictions. The trial court concluded state law preempted this ordinance and the City appeals. We agree with the City that the ordinance is not preempted, and reverse.

BACKGROUND

In April 2016, the City enacted Ordinance No. 55-16 (the Ordinance). The Ordinance begins with a series of findings: low- and middle-income households displaced by no-fault evictions often cannot afford to remain in the City; "[s]tudies overwhelmingly demonstrate that moving homes in the middle of a school year can be harmful for children"; school teachers and other staff "tend to be especially vulnerable to displacement due to salary limitations"; and "mid-year evictions of school staff disrupt relationships that are important to children, interfere with the learning process, and burden our schools." The Ordinance therefore seeks to "reduc[e] the number of evictions during the school year of families with children, and of teachers and other school staff .... by regulating…

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