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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authorizes.’ ” (Chevron, supra, 15 Cal.5th at p. 149, quoting City
of Riverside, at p. 763 (conc. opn. of Liu, J.).) And Chevron
further recognized that “if a local ordinance ‘ “attempted to
prohibit conduct proscribed or permitted by state law[,] either
explicitly or implicitly, it would be preempted.” ’ ” (Chevron,
supra, 15 Cal.5th at p. 149.) As discussed above, we conclude
that, under this standard, the Relocation Assistance Ordinance is
preempted because the burden it places on the exercise of
statutory rights under the Costa-Hawkins Act attempts to
prohibit, or at least restrict, lawful conduct permitted by state
law.
       Although the TPA is not at issue here, or an asserted basis
for preemption, the City argues Pasadena “implicitly finds that
the TPA and Costa-Hawkins conflict” by “holding that a law that
‘financially penalizes’ landlords for rent-gouging conflicts with
Costa-Hawkins.” The City contends that because “the TPA draws
a distinction between anti-rent-gouging [laws] and rent control”
and because the Legislature contemplated the TPA’s prohibition
against rent-gouging could exist concurrently with the Costa-
Hawkins Act, Pasadena should have concluded that the measure
in that case also did not conflict with the Costa-Hawkins Act.
The City also states that in this case, the Relocation Assistance
Ordinance is triggered “when a landlord imposes a rent increase
that exceeds the lesser of 5 percent plus the consumer price index
or 10 percent, the same formula the TPA uses to trigger rent-
gouging penalties.” (See Civ. Code, § 1947.12, subd. (a)(1) [“an
owner of residential real property shall not, over the course of
any 12-month period, increase the gross rental rate for a dwelling
or a unit more than 5 percent plus the percentage change in the
cost of living, or 10 percent, whichever is lower”].) In the City’s

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