S.F. Apartment Ass'n v. City & Cnty. of S.F., 229 Cal. Rptr. 3d 124 (2018)

Citation: S.F. Apartment Ass'n v. City & Cnty. of S.F., 229 Cal. Rptr. 3d 124 (2018)
Parent Document: S.F. Apartment Ass'n v. City & Cnty. of S.F., 229 Cal. Rptr. 3d 124 (2018)
Jurisdiction: California (state)
Effective Date: 2018-02-14
Original Source: https://www.courtlistener.com/opinion/6239406/sf-apartment-assn-v-city-cnty-of-sf/ ↗

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*130*518Rental Housing is instructive. The ordinance imposed an indisputably procedural requirement-prior written notice with specified content. Although the court did not discuss the impact on timing in its preemption discussion, this notice requirement imposed an inherent delay on a landlord's unlawful detainer remedy. ( Rental Housing, supra, 171 Cal.App.4th at p. 763, 90 Cal.Rptr.3d 181 [ordinance did not specify the time a tenant must be allowed to cure; rent board regulations provided a minimum of 7 days].) But this procedural requirement was imposed in order to "regulate the substantive grounds" for certain evictions, where tenants continue prohibited conduct after notification from the landlord, "rather than the procedural remedy available to the landlord once grounds for eviction have been established." ( Id. at p. 763, 90 Cal.Rptr.3d 181.)

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