Lincoln Place Tenants Ass'n v. City of Los Angeles, 66 Cal. Rptr. 3d 120 (2007)

Citation: Lincoln Place Tenants Ass'n v. City of Los Angeles, 66 Cal. Rptr. 3d 120 (2007)
Parent Document: Lincoln Place Tenants Ass'n v. City of Los Angeles, 66 Cal. Rptr. 3d 120 (2007)
Jurisdiction: California (state)
Effective Date: 2007-10-10
Original Source: https://www.courtlistener.com/opinion/2294826/lincoln-place-tenants-assn-v-ci... ↗

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Ellis Act “guaranteed” the granting of an application for demolition as a purely ministerial action. (59 Cal.App.4th at p. 1247.) On appeal, the court declined to read the Ellis Act to provide landlords seeking to demolish buildings “a blanket exemption from all environmental and landmark preservation land use regulations.” (59 Cal.App.4th at p. 1254.) Instead, the court found the landmark preservation ordinance did not conflict with the Ellis Act because it did not require the landlord who had been denied a demolition permit to continue to offer the property for rent. “The Ellis Act is not intended to interfere with the police power of local governments to regulate land use. It is implicated only when the conditions or regulations sought to be imposed on a demolition permit would restrict a landlord’s right to remove units from the rental market and leave the rental business.” (59 Cal.App.4th at p. 1257.)

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