RECENT CALIFORNIA DECISIONS

May 2006

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First District Court Finds San Francisco’s “Belief Requirement” in Its Municipal Eviction Ordinance Is Impliedly Preempted by the Ellis Act
Johnson v. City and County of San Francisco, ___Cal. App.4th___

On January 31, 2006, the First District Court of Appeal concluded that the Ellis Act impliedly preempts a local ordinance requiring landlords to notify tenants both about the right to receive payment for certain relocation costs, and the amount of payment the landlord believes to be due prior to eviction. In so doing, the court reversed the trial court’s ruling and remanded the case for proceedings consistent with its opinion.