The U.S. Supreme Court has again postponed a decision on whether to hear GHP Management v. City of Los Angeles, a case challenging the city’s COVID-era eviction moratorium. The California Apartment Association filed an amicus brief in support of GHP Management, urging the high court to hear the matter.

Filed by a Los Angeles housing provider, the lawsuit seeks just compensation under the Takings Clause of the Fifth Amendment for rent lost due to the city’s emergency eviction restrictions. The city barred evictions for nonpayment during the pandemic for tenants who could demonstrate a qualifying hardship.

The court has scheduled the petition for six conferences so far, only to reschedule each time. It is now set for consideration at the May 2 conference, with the results expected Monday, May 5.

“This case raises critical questions about whether governments can shift the financial burden of emergency policies onto housing providers without compensation,” said Whitney Prout, CAA’s executive vice president for legal affairs. “We hope the court will take this opportunity to clarify those constitutional limits.”

CAA is litigating its own Takings Clause lawsuit against Alameda County over its COVID-related eviction ban, which remained in place until April 2023 — long after state protections had expired.

If the Supreme Court grants review, GHP Management could have significant implications for rental housing providers nationwide. CAA will continue to provide updates as developments unfold.