Apartment Assn. of Los Angeles etc. v. City of Los Angeles (2026)

Citation: Apartment Assn. of Los Angeles etc. v. City of Los Angeles (2026)
Parent Document: Apartment Assn. of Los Angeles etc. v. City of Los Angeles (2026)
Jurisdiction: California (state)
Effective Date: 2026-05-14
Original Source: https://www.courtlistener.com/opinion/10859038/apartment-assn-of-los-angeles-... ↗

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difficult to draw” in practice’ ” ’ ” because “law can be substantive
but still have a ‘procedural impact.’ ” (SFAA 2024, supra,
104 Cal.App.5th at p. 1230.) But the court ultimately ruled that
the ordinance’s “extension of the timeline for notice and
opportunity to cure is entirely procedural. It also imposes a
specific procedural requirement: [l]andlords must affirmatively
act by providing a written warning after good cause for eviction
has been demonstrated but before notice of eviction can be given
under [Code of Civil Procedure] section 1161. . . . [T]his process
creates a procedural barrier precluding relief.” (Id. at pp. 1234-
1235.) The court thus held that the ordinance was preempted
because it “plainly prohibits a landlord from proceeding under
the state statutory timeline by requiring the additional 10-day
warning and cure period.” (Id. at p. 1237.)
       The Eviction Threshold Ordinance, by contrast, does not
impose a similar notice and cure requirement. The ordinance
instead sets a monetary threshold that must be satisfied before a
cause of action for unlawful detainer accrues. That is, it is a
permissible regulation of the substantive basis for eviction. (See
SFAA 2018, supra, 20 Cal.App.5th at p. 517 [requirements that
“ ‘regulate the substantive grounds for eviction, rather than the
procedural remedy available to the landlord once grounds for
eviction have been established,’ ” are not preempted]; accord,
Rental Housing, supra, 171 Cal.App.4th at p. 763.) The
ordinance does so without modifying the unlawful detainer
statutes or imposing additional procedural requirements on
landlords seeking to commence unlawful detainer proceedings.
       Although the Eviction Threshold Ordinance may have the
procedural effect of delaying the timing of some unlawful
detainer actions, it remains a substantive limitation on evictions

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