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  • Sunday
  • April 18, 2021
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San Francisco Ordinance Requires Property Owners to Make Lifetime Rental Offer to Tenants — For Real

So, you and your spouse come are living in a medium-sized middle American community and after coming into a little extra money you decided you want to do some planning for your retirement. You come across an investment opportunity in a cosmopolitan city in another state — a six-unit apartment building where you can purchase a co-ownership interest with a plan to move into that building when you retire. The purchase agreement includes a provision that the co-owners will convert the six-unit building into separately owned condominium units by a specified date, and you and your spouse will obtain the right to own and occupy one of those condominium units.

At the time you invest you are still living and working in a different city and state, and the unit that will eventually be yours to occupy is rented to a tenant.

After purchasing your interest, but before the date comes for the condominium conversion, the City Council in this cosmopolitan city amends its condo conversion ordinance, and now requires that a property owner converting a rental apartment to a condominium must offer a lifetime lease to the current resident of the unit being converted.

Just like that, the renter of your soon-to-be-condo has a legal right to live in your retirement home for the duration of his life which might be longer than your lifetime.

If this happened to you, your last name is probably Pakdel and you purchased a condo for your retirement in the City of San Francisco.

I read about this story at the Cato Institute website.

Pakdel sued San Francisco, claiming the amendment to the ordinance violated the Fifth Amendment’s “Takings Clause” which prohibits the taking of private property for public use without just compensation.

Pakdel lost in both the district court and the appeals court, and the proceedings at the administrative level in the City and County of San Francisco are more complicated than the simplified description I have set forth above.

The City and County defended against Pakdel’s complaint in federal court by pointing to various agreements made by the Pakdel, and failures by Pakdel to assert certain claims as part of the conversion process on a timely basis.  Thus, Pakdel’s hands are not completely “clean” with respect to the way he went about seeking to vindicate his rights as the property owner.

In the federal courts, the question of whether this amounted to an unconstitutional “takings” was never actually considered.  Pakdel lost in the district court based on that court’s determination that his “takings” claim wasn’t yet “ripe” — that at the time he filed his lawsuit the decision by San Francisco with regard to enforcement of the ordinance wasn’t yet final, and there was still the possibility that Pakdel could obtain a waiver of the ordinance’s tenant lease requirement.

The Ninth Circuit upheld the district court’s dismissal of the action but then went further by making it a matter of the record that Pakdel had, in fact, waived many of his rights to contest the requirements of the ordinance by failing to follow the time deadlines in the ordinance for filing applications for variances, and taking advantage of other provisions that might have exempted him from the lifetime lease offer requirement.

The Supreme Court has agreed to hear the case, and it appears that all the merits briefs have been filed.  Here is the brief filed on behalf of Pakdel and his wife. The issues raised are pretty far afield from my practice area, and it’s a little bit late in the evening for me to try to break down the legal arguments set forth.  I’m going to opt for watching the new season of Top Chef instead.

But, one lesson you might take from this is that if you are living in Dayton, Ohio, look for someplace other than San Francisco to invest in a retirement condo — that is if you want to actually live in your retirement condo.


WATCH: Rep. Maxine Waters Protests Past Curfew in Brooklyn Center, Calls for BLM to Get ‘More Confrontational’ if Chauvin is Acquitted

Unhinged California Rep. Maxine Waters travelled to Minnesota’s riot-plagued Brooklyn Center and called for people to get even “more confrontational” if Derek Chauvin is acquitted — blatantly endorsing violent mob rule.

The 82-year-old representative was breaking the city imposed curfew which was put in place to protect the community.

“We’ve got to stay in the streets, and we’ve got to demand justice,” Waters told the militant leftists.

“We’re looking for a guilty verdict,” the representative added, speaking of Chauvin.

“And if we don’t, we cannot go away,” she added. “We’ve got to get more confrontational.”

When asked about the fact that she was breaking curfew, she said “I don’t know what curfew means.”

“A curfew means that ‘I want y’all to stop talking,’” she said, adding, “I don’t agree with it.”

The extremist politician urged people to continuing protesting, violating the curfew.

“I came here for one reason, just to be here, to make sure that I let my thoughts be heard among all of those who have spent so much time on the streets. And so I’m hopeful that the protests will continue,” she said.

In June 2018, Maxine Waters told a crowd of supporters in Los Angeles to confront and harass Trump officials if they were seen out in public.

“If you see anybody from that cabinet in a restaurant, in a department store, at a gasoline station, you get out and you create a crowd. And you push back on them. And you tell them they’re not welcome anymore, anywhere,” Waters said.

The post WATCH: Rep. Maxine Waters Protests Past Curfew in Brooklyn Center, Calls for BLM to Get ‘More Confrontational’ if Chauvin is Acquitted appeared first on The Gateway Pundit.


NBA Ratings In Free Fall Since Going Woke Left – Down 45 Percent Since 2012

The biggest mistake professional sports has ever made, was their decision to embrace left wing politics.

Most sports fans lean right, and don’t want politics injected into the games they watch. They certainly don’t want to be lectured to.

Now sports are paying the price, particularly the NBA.

OutKick reports:


Self-inflicted wounds are purposely ignored until they can’t be. For the NBA, that moment is inching closer.

Coming into the 2020-21 season, NBA games on ABC — the league’s most important partner — were down 45% since 2011-12. On cable, it’s only slightly less damning. NBA broadcasts on TNT were down 40% and 20% on ESPN.

To stick with more recent trends, the past two NBA Finals crashed to double-digit declines, with the most recent falling down 51% to an all-time record low. Last season’s NBA on ABC games fit that same category, recording the lowest average (2.95 million) on record. According to The Athletic’s Ethan Strauss, that record will break once again this season.

“Eventually, it will be official: The NBA again lost viewership on its ABC games, down from last season’s all-time low,” Strauss writes. “Based on how this average drops as the season moves along (it starts off highest after the Christmas games bonanza), we can safely project that the ABC games will finish at a mark that’s lower than last season.”

What’s going to happen when the players aren’t paid big bucks anymore? That’s coming.

This was entirely self-inflicted.

The NBA made a huge mistake.

Cross posted from American Lookout.

The post NBA Ratings In Free Fall Since Going Woke Left – Down 45 Percent Since 2012 appeared first on The Gateway Pundit.


THEY CAN’T STOP THIS! Hundreds Turn Out for Pro-Trump “Trumparilla MAGA Fest Boat Parade” in Tampa Bay, FL — Five Months After Election!

No matter what the elites and liars say or do Americans know the truth.

The latest national poll shows a majority of Americans believe Democrats cheated to put China Joe in the White House.

And the enthusiasm for the historic “America First” Trump administration is STILL at record levels!

On Saturday America First patriots gathered in Tampa Bay, Florida for the Trumparilla MAGA Fest Boat Parade.

Hundreds of boats turned out for the rally — FIVE MONTHS after the national election!

No matter how hard the satanic left tries, they can’t kill the American Spirit!

Via Right Side Broadcasting Network:

The post THEY CAN’T STOP THIS! Hundreds Turn Out for Pro-Trump “Trumparilla MAGA Fest Boat Parade” in Tampa Bay, FL — Five Months After Election! appeared first on The Gateway Pundit.


Justice Department Sues Roger Stone, Alleging He Owes Nearly $2 Million in Unpaid Taxes

The United States Justice Department filed a civil lawsuit against Roger Stone and his wife on Friday in federal court in Fort Lauderdale, Florida, and accused the couple of owing about $2 million in federal income taxes.

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