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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“Nothing in this section shall be construed to affect the authority
of a public entity that may otherwise exist to regulate or monitor
the basis for eviction.” (Civ. Code, § 1954.52, subd. (c).) “The
Costa-Hawkins Act thus expressly carves out from its preemptive
effect local regulation of the ‘basis for eviction.’ ” (Pasadena,
supra, 117 Cal.App.5th at p. 236; see Civ. Code, § 1954.52,
subd. (c); id., § 1954.53, subd. (e) [near-identical savings clause in
Costa-Hawkins Act’s vacancy decontrol provisions preserving the
authority of local governments “to regulate or monitor the
grounds for eviction,” italics added]; DeZerega v. Meggs, supra,
83 Cal.App.4th at p. 40 [“The Act explicitly disclaims any effect
on the power of local governments to regulate evictions”].)
Contrary to respondents’ contention and the ruling of the
superior court, this provision does not save the relocation
assistance requirement from preemption.
As we explained in Pasadena:
              “Generally speaking, a savings clause preserves
       some preexisting legal authority from the effect of
       some newly enacted legal authority that contains the
       savings clause. ‘Saving clauses are usually strictly
       construed.’ ” (City of Dana Point v. California
       Coastal Com. (2013) 217 Cal.App.4th 170, 195;
       accord, Coyne, supra, 9 Cal.App.5th at p. 1231
       [“savings clauses . . . ‘ “are usually strictly
       construed” ’ ”].) “ ‘[C]ourts have refused to interpret
       savings clauses in a manner that would authorize
       activity that directly conflicts with the statutory
       scheme containing the savings clause.’ ” (Coyne, at
       p. 1231; see Action Apartment, supra, 41 Cal.4th at
       p. 98 [characterizing as “narrowly focused” the
       savings clause of the Costa-Hawkins Act’s vacancy
       decontrol provisions].)

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