Cal. Apartment Assn. v. City of Pasadena (2025)

Citation: Cal. Apartment Assn. v. City of Pasadena (2025)
Parent Document: Cal. Apartment Assn. v. City of Pasadena (2025)
Jurisdiction: California (state)
Effective Date: 2025-12-18
Original Source: https://www.courtlistener.com/opinion/10761039/cal-apartment-assn-v-city-of-pasadena/ ↗

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       Finally, petitioners contend several Measure H provisions
are preempted by state law. First, they assert that a provision
requiring landlords to pay relocation assistance to tenants who
are displaced by lawful rent increases is preempted by the Costa-
Hawkins Rental Housing Act (Civ. Code, § 1954.40 et seq.). We
agree. Requiring landlords to make such payments when the Act
specifically authorizes landlords to increase the rent (for non-
rent-controlled units) to fair market value frustrates the purpose
of the Act; thus, the relocation assistance requirement is
preempted. Second, with respect to landlords who wish to
initiate the eviction process for nonpayment of rent, petitioners
contend a new notice requirement under Measure H conflicts
with the timeline for summary evictions under the Unlawful
Detainer Act (Code Civ. Proc., § 1159 et seq.). We agree that this
requirement presents an extra procedural barrier for landlords
that contradicts the unlawful detainer statutes and is preempted.
The preempted provisions are therefore void. FACTUAL AND PROCEDURAL BACKGROUND

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