How many times do I have to tell you? DON’T BUY MULTI-FAM IN BAY AREA!
A San Francisco woman appears to have made history as the first person to successfully fend off an Ellis Act eviction through a jury trial.
On Thursday, a jury found that Betty Rose Allen would not have to vacate her Noe Valley apartment, where she’s lived for nearly 40 years, after a lengthy and acrimonious legal battle with the building’s owners.
The family that owns Allen’s three-unit building sued in San Francisco Superior Court to have her removed from it in June, just over a year after serving her and her mother, Beatriz Allen, with an Ellis Act eviction notice. Ellis Act evictions, which allow landlords to boot out tenants when they no longer wish to rent out a property, give elderly or disabled tenants a year to find new housing. Beatriz Allen died in April.
Mark Chernev, an attorney for the Hilaly family, which bought Allen’s building in 2014, said the family’s intent from the beginning was to live under the same roof and that it hoped to find an amicable solution for relocating the Allens.
I am confused by decision (granted, jury decision) so I am expecting an appeal. Regardless of “motive”, doesn’t the owner have a right to use the Ellis Act or not?
Again, from the details of the case itself, something is not right here. The Ellis Act is the law of the land (right?) and has not been removed or shot down. Assuming that I am correct, then on appeal this should be overturned. Never skimp on legal counsel, idiots!!! Go with Andrew Zacks next time!!!
Come on. The landlord had no intention to move in and only using the law to evict the tenant for other rental purposes. This is a personally issue with the landlord trying to game the system. Why you guys go all sensitive about SF landlord rights over this? Relax…
Perhaps harder to do in SF but I hear a lot of people are doing condo conversions of multi unit buildings. I am exploring the idea with my Oakland 4plex. Def doable and could be more profitable.
How do you handle tenants in condo conversion? It would be easier to condo conversion when it’s vacant.
Ellis Act eviction is going out of rental business. It does not matter what’s the purpose as long as it will not be rented. Why do we need a jury trial for Ellis? Ellis should be a easy case and jury trial should not be needed. Jury system needs to be reformed, it’s a waste of judicial resource and put an unfair burden on good people. Legal activism is a shame
Well, it depends on the jurisdiction (city) of course. In the Fab 7x7, I believe we still have the lottery system no? In some places like Oakland, it depends on whether your building is in or out of the designated areas. If you are in there, you literally have to replace the rental units that you are converting to condo (who is going to do that?). But, if you are outside those areas, condo conversion may be the way to go. In a nutshell, it would take up to at least a year with the notifications and paperwork but I believe you do have to offer your existing tenants first crack at buying the units. Anyone thinking of doing this better do it soon since the crack-down is sure to come.
