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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Boshernitsan v. Bach (2021)

Citation
Boshernitsan v. Bach (2021)
Parent Document
Boshernitsan v. Bach (2021)
Jurisdiction
California (state)
Effective Date
2021-03-12

Full Text

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recognize, a trust can have no more than four trustees in order for all the
trustees to qualify as landlords, since a landlord who acquired title after
February 21, 1991, must have at least a 25 percent ownership to seek
eviction under the owner move-in provision or family move-in provision.
(Rent Ord., § 37.9, subd. (a)(8)(iii).) And a landlord cannot seek to recover
possession of a unit for a family member’s use unless the unit is “in the same
building in which the landlord resides as his or her principal place of
residency, or in a building in which the landlord is simultaneously seeking
possession of a rental unit” under the owner move-in provision. (Rent Ord.,
§ 37.9, subd. (a)(8)(ii).) Thus, even if a settlor designated other trustees, no
single trustee could seek eviction under the family move-in provision unless
that trustee also lived in or was seeking to live in the same building.
      Adding further protection, “[o]nce a landlord has successfully recovered
possession of a rental unit pursuant to [the owner move-in provision], then no
current or future landlords may recover possession of any other rental unit
under [the same provision]. It is the intention of this section that only one
specific unit per building may be used for such occupancy under [the owner
move-in provision] and that once a unit is used for such occupancy, all future
occupancies under [that provision] must be of that same unit.” (Rent Ord.,
§ 37.9, subd. (a)(8)(vi).) Thus, “one owner’s exercise of the right to recover
possession for owner occupancy can effectively extinguish this right with
respect to all other current and future owners of the building.” (Cwynar v.
City and County of San Francisco, supra, 90 Cal.App.4th at p. 645.) As a