San Francisco Apartment Assn. v. City and County of San Francisco (2018)

Citation: San Francisco Apartment Assn. v. City and County of San Francisco (2018)
Parent Document: San Francisco Apartment Assn. v. City and County of San Francisco (2018)
Jurisdiction: California (state)
Effective Date: 2018-02-14
Original Source: https://www.courtlistener.com/opinion/4467961/san-francisco-apartment-assn-v-... ↗

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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.)

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