The U.S. Supreme Court ‘s June ruling in Knick vs. Township of Scott may open the door for landlords to file federal lawsuits alleging that rent control ordinances violate the Fifth Amendment, however, the prospects for victory with such challenges remain distant. The Fifth Amendment’s takings clause prohibits the government from taking private property unless it is for a public purpose and just compensation is provided. Up until now, landlords have had to file these kinds of suits in state court, where they’ve had limited success. Some believe federal benches would be more sympathetic to landlord arguments over property rights.
Employing a new law supported by CAA, the Newsom Administration has sued a Southern California city for allegedly stifling the production of low-income housing. On Jan. 25, Gov. Gavin Newsom announced his approval of legal action against Huntington Beach, claiming that the city in Orange County has squelched the construction of affordable housing while also refusing to meet regional housing needs. “The state doesn’t take this action lightly,” Gov. Gavin Newsom said in this news release. “The huge housing costs and sky-high rents are eroding quality of life for families across this state. California’s housing crisis is an existential threat… Read More
The California Apartment Association today published revised versions of several forms related to the tenant-screening process. The revisions come in response to an Aug. 20 California Supreme Court decision in Connor v. First Student. The ruling expanded the application of a California law known as the Investigative Consumer Reporting Agencies Act. Under this act, landlords, employers and consumer-reporting agencies must follow the procedures for “investigative consumer reports” when seeking and providing reports that relate to an applicant’s “character, general reputation, personal characteristics, and mode of living.” The law doesn’t define these terms, but in the rental housing context, unlawful-detainer eviction… Read More
Aug. 28 update: CAA revises screening-related forms to comply with state Supreme Court ruling In light of a California Supreme Court ruling this week, tenant-screening companies and landlords will want to review their procedures for vetting prospective renters. The state Supreme Court on Monday issued its decision in Connor v. First Student, and while the case that dealt with the use of investigative consumer reports in the employment context, it will have ramifications for the rental housing industry. Because of the ruling, landlords, employers and consumer-reporting agencies must now follow the procedures for “investigative consumer reports” when seeking and providing… Read More
The California Apartment Association’s legal challenge to Mountain View’s rent control law is about to get its first court hearing. At 9 a.m. Tuesday, legal counsel for CAA will appear in Santa Clara County Superior Court to request a preliminary injunction against Measure V, the rent control initiative approved by Mountain View voters last November.
San Francisco landlords who use the Ellis Act to exit the rental housing business should not have to pay tens of thousands of dollars in additional tenant-relocation fees, an appellate court has ruled. In 2015, the San Francisco Board of Supervisors passed an ordinance requiring landlords to pay up to $50,000 to cover any rent increases tenants evicted under the Ellis Act incur over a two-year period.
CAA remains committed to overturning Measure L The California Apartment Association remains undeterred this week after a Contra Costa County Superior Court judge denied its motion for a preliminary injunction to halt enforcement of rent control in Richmond. Richmond’s rent control law appeared on the November ballot as Measure L and won approval despite a strong opposition campaign spearheaded by CAA.
An appellate court Monday upheld important rights of San Francisco rental property owners under the state’s Ellis Act, a state law that allows property owners to leave the rental housing business. The Ellis Act ensures a property owner’s ability to take a building off the rental market and convert the units to condominiums or single-family homes. The First District Court of Appeal in San Francisco affirmed Monday that a 2014 ordinance passed by the San Francisco Board of Supervisors would have violated the Ellis Act. In the 3-0 ruling, Justice Martin Jenkins said that the ordinance “prevents landowners from exercising… Read More