A coalition of property owners and real estate groups has convinced a Superior Court judge to strike down a residential vacancy tax approved by San Francisco voters in a 2022 ballot measure.

Judge Charles Haines issued a summary judgement order on Thursday in favor of plaintiffs who challenged what is known as the Empty Homes Tax, including the San Francisco Apartment Association and the San Francisco Association of Realtors as well as individual property owners, the San Francisco Business Times reported.

The Empty Homes Tax imposes annual taxes—starting at $2,500 to $5,000 per vacant unit and escalating to as much as $20,000 annually for larger properties—on residential units left vacant for more than 182 days in buildings with three or more units. Under the measure, the tax rate is higher for larger units and increases the longer a home is vacant.

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