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Filed Under:California, Charles Breyer, Court, David Campos, Dennis Herrera, Ellis Act, Eviction, Federal, Judge, Payments, Relocation, Ruling, San Francisco
(Justin Sullivan/Getty Images)


SAN FRANCISCO (KCBS)— San Francisco’s City Attorney Dennis Herrera announced on Wednesday that they would appeal a federal court judge’s ruling that quashes mandatory relocation payments for the city’s tenants evicted through California’s Ellis Act.

U.S. District Judge Charles Breyer declared the ruling unconstitutional and said that it violated property rights and punished the wrong people (landlords) for market conditions they didn’t create.

Under the law enacted in June, landlords were required to pay tenants the difference in their old and new rent for two years. In the case of the landlord who filed suit against the law, the amount was $118,000.

Supervisor David Campos who authored the law is hopeful for a reversal of fortune.

“I actually think that the arguments we’ve made are very strong arguments we do have a shot before the 9th Circuit [Court of Appeals],” Campos said.

The city attorney is not seeking an emergency stay in this case. The federal court’s ruling is on hold until Friday, giving the opportunity for appeal which Herrera has decided to take. The appeals process could take years.

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