Score One for Landlords

Thursday, January 22, 2009
Audrey Cooper
sfgate.com

A Superior Court judge today temporarily blocked sections of
voter-approved Measure M after a coalition of property owners said the
ordinance took away their free--speech rights.

The measure, with backing from Supervisor Chris Daly, passed with
58.8 percent of the vote on Nov. 4. Three weeks later, opponents of the
measure filed a request to block it.

So which sections of the measure have been blocked for now?

Section 37.2, which allows tenants to right to "quiet enjoyment of the premises, without harassment by the landlord."

Section 37.10B(a)(6), which prohibits "attempts to
coerce the tenant to vacate with offer(s) of payments to vacate which
are accompanied with threats or intimidation," and also prohibits
landlords from "threatening the tenant, by words of gesture, with
physical harm."

Section 37.10B(a)(7), which prohibits "continuing
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."

Sounds pretty outrageous, but in all fairness, a lot of those things were already illegal.

The Measure M opponents have to file their next brief in court by
Feb. 27. The city has until March 27 to file. A hearing is scheduled
for April 17.

FAIR USE NOTICE. This document may contain copyrighted
material the use of which may not have been specifically authorized by the
copyright owner.  Tenants Together is making this article available on our
website in an effort to advance the understanding of tenant rights issues in
California.  We believe that this constitutes a 'fair use' of any such
copyrighted material as provided for in section 107 of the U.S. Copyright
Law.  If you wish to use this copyrighted material for purposes of your
own that go beyond 'fair use,' you must obtain permission from the copyright
owner.

Help build power for renters' rights: