Real Estate/Development,
Land Use
Oct. 27, 2022
Lifetime tenant lease for condo conversion not unconstitutional taking, judge rules
Chief U.S. District Judge Richard Seeborg granted in part and denied in part the city and county of San Francisco’s motion to dismiss on Tuesday, tossing claims of taking private property for a private purpose, unconstitutional physical taking, unconstitutional regulatory taking and unconstitutional seizure of property, all of which center around the argument that the San Francisco ordinance violates the Fifth Amendment.
A San Francisco housing ordinance requiring building owners to offer lifetime leases to tenants before they can convert their tenancy in common into a condo does not violate the takings clause of the Fifth Amendment, a federal judge has ruled, while saying plaintiffs adequately claimed that the requirement could still be an unconstitutional condition.
Chief U.S. District Judge Richard Seeborg granted in part and denied in part the city and...
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