Court of Appeal Appears Likely to Uphold San Francisco’s Ellis Relocation Benefits

by Casey Mills via Beyond Chron (reposted)

Wed, Jan 25, 2006 7:56PM

The State Court of Appeals heard a case yesterday that could dramatically affect tenants citywide who fall victim to the Ellis Act. A group of landlords represented by attorney Andrew Zacks hoped to strike down legislation passed last year requiring greater payments to tenants evicted with the Ellis Act. While local Superior Court Judge James Warren granted Zacks' plea the first go-around, it now appears the Court of Appeals will reverse Warren’s ruling, which would grant tenants a major victory. A final ruling won’t come until sometime within the next 90 days, but for now tenant advocates can celebrate a likely substantial increase in the amount of money San Franciscans will receive should they be forced out of their homes.

In February of 2005, as a wave of Ellis Act evictions swept across North Beach, Supervisor Aaron Peskin sought to increase the relocation benefits tenants affected by this trend received. At the time, landlords had to provide $4,500 to every low-income household forced out of their homes, and an additional $3,000 to every senior or disabled tenant.

The “Peskin amendments” changed this requirement, forcing landlords to pay $4,500 to every tenant in a household affected by an Ellis eviction regardless of income, with a maximum payment of $13,500 per unit. The amendments did not alter the $3,000 paid to each senior and disabled tenant.

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http://www.beyondchron.org/news/index.php?itemid=2871#more

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