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San Francisco Anti Harassment Proposition M

San Francisco Anti Harassment Proposition M (a) No landlord, and no agent, contractor, subcontractor or employee of the landlord shall do any of the following in bad faith or with ulterior motive or without honest intent: 1. Interrupt, terminate or fail to provide housing services required by contract or by State, County or local housing, health or safety laws; 2. Fail to perform repairs and maintenance required by contract or by State, County or local housing, health or safety laws; 3. Fail to exercise due diligence in completing repairs and maintenance once undertaken or fail to follow appropriate industry repair, containment or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts; 4. Abuse the landlord’s right of access into a rental housing unit as that right is provided by law; 5. Influence or attempt to influence a tenant to vacate a rental housing unit through fraud, intimidation or coercion; 6. Attempt to coerce the tenant to vacate with offer(s) of payments to vacate which are accompanied with threats or intimidation; 7. Continue to offer payments to vacate after tenant has notified the landlord in writing that they no longer wish to receive further offers of payments to vacate; 8. Threaten the tenant, by word or gesture, with physical harm; 9. Violate any law which prohibits discrimination based on actual or perceived race, gender, sexual preference, sexual orientation, ethnic background, nationality, place of birth, immigration or citizenship status, religion, age, parenthood, marriage, pregnancy, disability, AIDS or occupancy by a minor child; 10. Interfere with a tenants right...

Illegal Units

If you have rented or rent an illegal unit contact us to recover damages. Depending on where you are and the facts and circumstances surrounding your rental you may not have to pay rent if you rent an illegal unit. An illegal unit is not the same as a unit that has problems with heat or mold or other issues but is generally one that was constructed without permits from the city. The San Francisco Rent Board, a great reference for any landlord tenant issue, identifies the following regarding illegal units. Topic No. 253: Renting an Illegal Unit A rental unit that is not a legal unit with the City is nevertheless subject to the Rent Ordinance unless exempt for another reason. To determine if a unit is legal, you will need to review the relevant public records at the Department of Building Inspection. Tenants in illegal units who contact the Department of Building Inspection to report code violations should be aware that the inspector might cite the owner for having an illegal unit. In such cases, this means that the unit may have to be demolished or removed from residential use because it cannot be brought up to code requirements. Demolition or permanent removal of the unit from housing use is a “just cause” for eviction under the Rent Ordinance. However, the landlord must first obtain all necessary permits to remove the unit before an eviction notice can be given. The eviction notice must comply with the requirements of the Rent Ordinance as well as state...

Just Cause Eviction

Tenants in the Bay Area cities of San Francisco, Oakland, and Berkeley have additional protections in the form of limitations on a landlord’s ability to evict. This means that a landlord can only evict for specific reasons the most common of which is the non-payment of rent. However, it is imperative that if you believe the landlord is retaliating against you for requesting repairs, or simply to increase your rent if you have lived in one place for a long time, that you contact attorneys dedicated to defending you against an eviction or unlawful detainer...

San Francisco Tenants Union

Since 1971, the SF Tenants Union has been fighting for the rights of tenants and for the preservation of affordable housing in San Francisco. From the struggle for rent control in the 1970s to 1998’s Proposition G (to end the abuses of OMI evictions), the Tenants Union has been the city’s leading advocate for tenants.  For both members and non-members, the SFTU operates a drop in counseling clinic at 558 Capp Street (in the Mission District – cross street is 21st Street; Capp runs parallel to Mission St and is one block east of Mission). Counseling hours are available by calling 282-6622. The SF Tenants Union offers invaluable counseling to those facing evictions, unlawful detainers and tenant related issues.  For more information, check out San Francisco Tenants’ Union...

Confidential v. Confidential, San Francisco Superior Court, November 2011

Plaintiff’s Counsel: David Wasserman, Wasserman Stern, Karen Uchiyama Defendants’ Counsel:  Mark Hooshmand, Michael Smith, Hooshmand Law Group The Plaintiff is attempting to evict a tenant from a rent controlled apartment in San Francisco.  The Plaintiff obtained a default judgment against our client while they were not represented.  After we became involved we immediately moved to set aside the judgment and the Court granted our motion.  Plaintiff then moved to disqualify us as counsel for our client.  The Court denied Plaintiff’s motion.  In the interim the landlord wrongfully rented to a new...

San Francisco Bay Area Litigation – Do Discovery!

Clients typically turn over a matter to their lawyers and believe that their lawyers will “handle it”. A few months later an exorbitant bill is received without any actual results. Discovery is the ability to achieve results in a cost-effective manner. Discovery forces your opponent to provide the information that they will rely on at trial. It prevents surprises, enables you to evaluate your claims, their claims, and also make pre-trial motions that may dispose of the case. There are various types of discovery which will be explored further but if your attorney has not performed discovery, it is imperative that you discuss this with...
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