Firm Result: $160,000 Recovered in Action Against SF Landlord for Wrongful Eviction

Firm Result: $160,000 Recovered in Action Against SF Landlord for Wrongful Eviction

Kellogg & Van Aken represented a tenant in an affirmative lawsuit against his former landlord and property manager after he was constructively evicted from his rent-controlled San Francisco apartment due to unsafe living conditions at the premises and ongoing retaliation, harassment and eviction threats. The tenant was one of three roommates that had been living in his apartment unit when his landlord initiated construction in the building without proper notice and without hiring a licensed contractor.  When he came home to discover over 15 gaping holes in his ceiling and dust all over their belongings, he complained to governmental agencies. …

Read more: Firm Result: $160,000 Recovered in Action Against SF Landlord for Wrongful Eviction

KVA Result: $90,000 Recovered in Action Against Landlord for Habitability Issues

Kellogg & Van Aken represented two parents and their minor children in an affirmative lawsuit against their former landlord after they were constructively evicted from their Fremont apartment due to the unsafe and unsanitary living conditions they endured while living at the premises. The significant substandard living conditions – which included exposure to raw sewage, toxic mold, mites, electrical hazards, and tripping hazards – resulted in physical injuries to two of the children. Although the tenants complained and the landlord had been cited by the City's Building Inspection Department, the landlord responded by retaliating against the family, threatening them to…

Read more: KVA Result: $90,000 Recovered in Action Against Landlord for Habitability Issues

Why Yes on Prop F is Good for SF

Why Yes on Prop F is Good for SF

 

(Photo courtesy of the Bold Italic)

What is Proposition F?  

Proposition F places more stringent regulations on short-term residential rentals, such as Airbnb or VRBO, in the City of San Francisco in order to protect the availability and affordability of residential housing.

What is a Short-Term Rental?

A short term rental is a rental that lasts less than 30 days.

What are the Current Laws Relating to Short-Term Residential Rentals in San Francisco?

Currently, the City of San Francisco limits short-term rentals of residential units in the following ways:

  • Permanent residents may offer a residential unit for a…

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KVA Result: $115,000 Settlement for Family in Contra Costa County in Action Against Landlord for Wrongful Eviction and Habitability Issues

KVA Result: $115,000 Settlement for Family in Contra Costa County in Action Against Landlord for Wrongful Eviction and Habitability Issues

Kellogg & Van Aken represented an immigrant client, her two adult children, and her four minor grandchildren in an affirmative lawsuit against their landlord after they were forcibly evicted and locked out of their San Pablo apartment in the middle of the night and their personal property was discarded.  During their tenancy, they also endured significant substandard living conditions, including cockroach infestations, plumbing issues, and no heat.  Liability was highly disputed by the landlord.

The KVA team, headed by partner Mikayla Kellogg, aggressively litigated the case until the brink of trial.  Just one week before trial, Mikayla was able…

Read more: KVA Result: $115,000 Settlement for Family in Contra Costa County in Action Against Landlord for Wrongful Eviction and Habitability Issues

KVA Result: $130,000 Recovered in Action Against Landlord for Harassment and Habitability Issues

KVA Result: $130,000 Recovered in Action Against Landlord for Harassment and Habitability Issues

Kellogg & Van Aken represented multiple tenants in an affirmative lawsuit against their former landlord for the horrific living conditions they endured while living at the premises. In addition to the almost daily harassment they dealt with from their landlord and his family, the tenants dealt with significant substandard living conditions for which the landlord had been cited by the City's Department of Building Inspection almost a dozen times.

The KVA team, headed by partner Kelly Van Aken, mounted an aggressive case against the landlord, and rejected the defendant's 998 settlement offers.  After preparing the case for trial, which was…

Read more: KVA Result: $130,000 Recovered in Action Against Landlord for Harassment and Habitability Issues

Q&A with KVA: Does the City of Berkeley Have Rent Control and Eviction Control?

Q&A with KVA: Does the City of Berkeley Have Rent Control and Eviction Control?

Photo courtesy of http://whitneylab.berkeley.edu/

As San Francisco rent prices continue to rise, the sunny side of the Bay is seeing an influx of residents escaping the city in search of more reasonable rental options.  If you are a tenant searching for housing in the East Bay, it is important to know which cities provide additional protections for you.  Like Oakland and San Francisco, the City of Berkeley has tenant-friendly laws which regulate rent and control evictions.

Does the City of Berkeley Have Rent Control and Eviction Control?

Yes.  In June 1980, residents of the City of Berkeley recognized the…

Read more: Q&A with KVA: Does the City of Berkeley Have Rent Control and Eviction Control?

Q&A with KVA: Does Oakland have Rent Control too?

Q&A with KVA: Does Oakland have Rent Control too?

If you already live or are planning to move to the San Francisco Bay Area, it is likely you have taken a look at the rents in San Francisco and cringed a bit.  Though rents are not much better in other parts of the Bay Area, many would-be San Franciscans are considering avoiding or fleeing the city, and are considering housing in Oakland.

Much to many people's surprise, like San Francisco, Oakland has laws that protect tenants from eviction and unlawful rent increases. Oakland's Residential Rent Adjustment Program provides rent control protection for certain Oakland residential rental units.  Here,…

Read more: Q&A with KVA: Does Oakland have Rent Control too?

Kelly Speaks at the Bar Association of San Francisco's Barristers Annual Meeting

Kelly Speaks at the Bar Association of San Francisco's Barristers Annual Meeting

(from left to right: Loren Schwartz, Carolee Hoover, Drew Amoroso, and Kelly Van Aken)

Last Friday, November 7, 2014, I spoke at the Bar Association of San Francisco's Barristers Annual Meeting.  The Barristers Annual Meeting is a full-day event designed to give BASF members the opportunity to further their professional development while obtaining CLE credit and network with their peers.  I participated on one of the afternoon's panels with two other San Francisco attorneys and we discussed the topic "Dealing with Difficult Opposing Counsel."  AttorneysLoren Schwartz (partner at Dunn & Panagotacos LLP) and Carolee Hoover (Senior Associate…

Read more: Kelly Speaks at the Bar Association of San Francisco's Barristers Annual Meeting

KVA Negotiates Favorable Buy-Out for San Francisco Tenant

KVA Negotiates Favorable Buy-Out for San Francisco Tenant

Kellogg & Van Aken is lucky enough to work with truly amazing clients.  Recently, KVA negotiated a buy-out for a San Francisco tenant whose landlord was threatening to initiate an owner move-in eviction.  Instead of going through the stressful and risky process of an unlawful detainer proceeding and obtaining only minimal relocation benefits under the Rent Ordinance, KVA was able to negotiate a favorable buy-out which allowed our client to comfortably move on her own terms.  Not only was our client fantastic to work with, but she sent us gorgeous flowers after we were able to reach a favorable settlement. …

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Why Proposition G is Good for Tenants

One of the measures San Franciscans will be voting on this November is Proposition G, the ballot measure proposing a surtax on multi-unit apartment units in the City and County of San Francisco bought and sold within five years.  The surtax begins at 24% for units sold within the first year and decreases to 12% for units is sold between the fourth and fifth year.  Proposition G excludes a number of real estate transactions from the surtax, including properties sold within one year of the death of at least at 20% owner; a single family home or condominium; new housing;…

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