(6) Defending Eviction Lawsuits. In any action to recover possession of a rental unit subject to the Chapter, unless the sole basis of the notice to quit is Section 37.9(b), the court shall award the tenant reasonable attorney fees and costs incurred in defending the action upon a finding that the tenant is the prevailing party under Code of Civil Procedure Section 1032(a)(4).*
(d) Severability. If any provision or clause of this Section 37.10B, or Section 37.2(g), or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions of this Section 37.10B or Section 37.2(g) and all clauses of these Sections are declared to be severable.
(Added by Proposition M, 11/4/2008; amended by Ord. 5-19, File No. 180735, App. 1/25/2019, Eff. 2/25/2019; Ord. 296-19, File No. 191105, App. 12/20/2019, Eff. 1/20/2020)
* Editor's Note:
The Court of Appeal has held the following regarding portions of this Sec. 37.10B:
• The Rent Board is precluded from making rent reductions under divisions (a)(4) through (a)(15);
• Division (a)(7) is invalid in its entirety;
• Division (c)(6) is invalid in its entirety.
See Larson v. City and County of San Francisco, 192 Cal. App. 4th 1263 (Cal. App. 1st Dist. 2011).
In addition, a final decision of the San Francisco Superior Court held that the phrase "with ulterior motive or without honest intent" (in division (a)) cannot be enforced. See Order Dated May 29, 2009, Larson v. City and County of San Francisco, Case No. 509-083.