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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Tri County concluded that an ordinance requiring landlords give 60 days' notice of rental increases in month-to-month tenancies was preempted. ( Tri County, supra, 196 Cal.App.3d at pp. 1289, 1298, 242 Cal.Rptr. 438.) The court discussed a state law, Civil Code section 827, which provides that a landlord may change the lease terms of a month-to-month tenancy with 30 days' notice, and concluded the ordinance "adopts the same purpose as the statute, i.e., appropriate notification, but then changes the statewide chronology to suit its *520own agenda." ( Tri County, at p. 1296, 242 Cal.Rptr. 438.) The court continued: "[Civil Code] [s]ection 827 represents only one part of the legislative expression about when landlords and tenants may assert their rights and must meet their obligations." ( Id. at p. 1297, 242 Cal.Rptr. 438.) After setting forth numerous such statutes, the court concluded, "the extensive scheduling provided by the Legislature reveals that the timing of landlord-tenant transactions is a matter of statewide concern not amenable to local variations. The [o]rdinance directly conflicts with the legislative scheme." ( Id. at pp. 1297-1298, 242 Cal.Rptr. 438, italics added.)

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