Section 37.10B of San Francisco’s Rent Ordinance, which defines Tenant Harassment, was amended in January of 2019 to prohibit landlords from attempting to circumvent eviction controls for non-rent controlled units in the city by way of a punitive or egregious increase in rent that is “imposed with an intent to defraud, intimidate, or coerce the tenant into vacating [a] rental unit.”

Challenged by the San Francisco Apartment Association, the amendment was upheld by San Francisco’s Superior Court in 2020. And while the Superior Court ruling was appealed, on the basis that California’s Costa-Hawkins Rental Housing Act limits the ability of cities to regulate rent increases, the amendment has just been upheld by California’s Court of Appeal.

Comments from Plugged-In Readers

  1. Posted by Kyle S.

    Any handy links to the judgment, or even a docket number? Was the appeal dismissed pre-argument?

    • Posted by Notcom

      The case is San Francisco Apartment Association v. City and County of San Francisco, California Court of Appeal First Appellate District, A161416.

  2. Posted by jag149

    Personal injury attorneys rejoice: every rent increase is now a jury question as to “bad faith”.

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