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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23955
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I have lived in this apartment years under rent control in

Customer Question

I have lived in this apartment for 30 years under rent control in San Francisco. For 29 of those years no complaints have come to me regarding the number of plants on my deck. [even during the deck rebuilding and painting of the building 2 years ago]. Now I am getting letters telling me that I must remove all but 2 to 3 plants due to fire and health hazards. The plants are mostly of the flowering variety. Now they are threatening to remove my plants and bill me for the removal. My deck is 16 feet above the ground. No access unless entering my apartment or using a very tall ladder. Is this LEGAL or harassment?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 9 months ago.

Good afternoon. Can you share with me the basis for which they are asking for you to remove these? Did they get notified by the city or are now just enforcing the rules?

Customer: replied 9 months ago.
No No notices from the city they would have included anything to support the demand
Expert:  RealEstateAnswer replied 9 months ago.

Thank you for the additional information. If they are now starting to enforce this and have a basis for it ( i.e. fire and health hazards), then it would be deemed legal. If they were just saying to remove them because they do not like the way they look, it would be a different story but when there are safety issues/hazards, it must be complied with or else I am inclined to believe they will fine you to compel you to act. Even though the deck is that high, it may have to be used to enter or exit in the event of an emergency and if the plants will not allow it, they have a right to ask that they be removed. I know it is not what you were hoping to hear but I have an obligation to be upfront with you as it appears there is a legitimate reason for their request which outweighs your ability to use it and keep all the plants there.

Expert:  RealEstateAnswer replied 9 months ago.

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