Small Prop. Owners of S.F. Inst. v. City & Cnty. of S.F.
Opinion
lead Opinion
Miller, J.
*79 The City and County of San Francisco adopted an ordinance that allows property owners to make changes to certain types of housing units that previously could not be enlarged, altered or reconstructed. But the ordinance imposes waiting periods of up to 10 years before changes can be made to units where tenants are evicted under "no-fault" provisions, including tenants who are evicted in accordance with the Ellis Act, which allows property owners who seek to exit the rental business to evict residential tenants and prohibits local governments from "compel[ling] the owner of any residential real property to offer, or to continue to offer accommodations in the property for rent or lease." ( Gov. Code, § 7060, subd. (a).) The Small Property Owners of San Francisco Institute (SPOSFI) filed a petition for writ of mandate and declaratory relief against the City and County, the Board of Supervisors (Board), the Planning *80 Commission (Commission), and the Planning Department (Department), collectively "the City," challenging *227 the ordinance on the grounds that the City failed to comply with the City Planning Code and with CEQA, and on the grounds that the ordinance imposes a…