Bierman Amendment

The Bierman Amendment was enacted in 1998, a few months prior to Proposition G.  The amendment was enacted to curb the rise of owner-occupany tenant evictions. The Bierman Amendment made it such that an owner-occupancy eviction would not be valid unless the owner owned at least a 50% interest in the property. 

Proposition G was enacted a few months after the Bierman Amendment and seemingly contradicted it by stating that owners only needed 25% ownership for an owner-occupancy eviction to be valid. The past few years have witnessed much confusion and debate as to which law superseded the other.   

However, "on June 13, 2006 the appellate department issued a decision in Garber v. Jones, finding that Proposition G superseded the Bierman amendment as to the required percentage ownership for an owner move-in eviction under Ordinance Section 37.9(a)(8). The court found that since the two provisions conflict, and Proposition G was passed later in time, Proposition G’s 25% ownership requirement prevails over the 50% ownership required by the previously enacted Bierman amendment. The appellate department has certified the case for transfer to the Court of Appeal in order to settle the question of law involved."