Resolution Aims to Stop Enforcement of Ellis Act Evictions

The Ellis Act, a state law allowing landlords to evict tenants and then sell their units off as tenancy-in-commons (TICs), must ultimately be enforced by the city’s Sheriff. While most victims of the Act do not wait until they’re physically removed before vacating the premises, if a tenant were to refuse to leave, landlords can request that the Sheriff’s Department make them do so.

Tomorrow, the Board will hear a resolution co-sponsored by Supervisors Tom Ammiano and Ross Mirkarimi asking the Sheriff’s Department to deny these requests. It also asks the Rent Board not to provide any assistance to such landlords.

Inspiration for the resolution came in part from recent legislation passed by the Board that prevents city employees from helping federal immigration officials in any effort to research the immigration status of city residents. Supervisors passed the ordinance both to slow or prevent the deportation of illegal immigrants living in San Francisco, and to send a message to the nation that U.S. immigrant policy remains immoral and unjust.

While the immigrant legislation was binding due to the Board’s ability to control the city’s employees, today’s resolution will not be. Because the Sheriff’s Department remains primarily under the jurisdiction of the State rather than the city, it will be up to Sheriff Michael Hennessey himself to decide whether to comply with the Board’s request that he not enforce the Ellis Act.

Hennessey did not return a call before press time, but those working on the legislation say thus far he appears willing to consider the Board’s request should it pass today.

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