Facts

Due to the Covid-19 pandemic, the State of California declared a state of emergency under the California Emergency Services Act. The ESA gives the Governor of California broad police powers to protect the health and safety of the people. As such, Governor Gavin Newsom signed Executive Order N-28-20 which ordered a statewide moratorium on residential evictions. Pursuant to the order, local governments were allowed to temporarily restrict evictions due to the Covid-19 pandemic. On June 26, 2020, Ordinance No. 93-20 was enacted which prohibited landlords from evicting residential tenants for non-payment of rent that was not paid due to the Covid-19 pandemic. Under this ordinance, landlords are prohibited from imposing late fees, penalties and other charges on tenants. San Francisco Apartment Association, San Francisco Association of Realtors, Coalition for Better Housing and Small Property Owners of San Francisco Institute filed a petition for writ of mandate seeking to repeal Ordinance No. 93-20.

PETITIONER'S CONTENTIONS: Petitioners contended that Ordinance No. 93-20 conflicts with Executive Order N-28-20 and the ESA. Petitioners contended that the ordinance permanently prohibited landlords from exercising unlawful detainer actions to obtain unpaid rent.

RESPONDENT'S CONTENTIONS: Respondent denied petitioner's contentions.

Result

The court denied petitioner's petition for a writ of mandate and found that Ordinance No. 93.20 was a permissible exercise of the City and County of San Francisco's police power to regulate the substantive grounds on which an owner of residential real property may seek to recover possession of residential property. Further, it found ordinance did not procedurally impair the summary eviction scheme set forth in the unlawful detainer statutes.

Other Information

Petitioners appealed the court's denial of their petition.