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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The court also rejected a challenge that the eviction defense provision was preempted by the unlawful detainer statutes under Birkenfeld : "[T]he [o]rdinance provides a substantive defense to eviction. The [o]rdinance states that the landlord's failure to comply with its provisions provides the tenant with 'a defense in any legal action' to recover possession or collect rent. [Citation.] Nothing in the [o]rdinance interferes with the procedure for bringing an eviction action under [the unlawful detainer statutes]." (Roble Vista, supra, 97 Cal.App.4th at p. 342, 118 Cal.Rptr.2d 295.)

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