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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be used to . . . frustrate the statute’s purpose.’ ” (Chevron U.S.A.,
Inc. v. County of Monterey (2021) 70 Cal.App.5th 153, 172; accord,
Great Western Shows, Inc. v. County of Los Angeles (2002)
27 Cal.4th 853, 868; City of Riverside, at p. 760; see, e.g.,
International Brotherhood of Electoral Workers v. City of Gridley
(1983) 34 Cal.3d 191, 202 [“ ‘Although the Legislature did not
intend to preempt all aspects of labor relations in the public
sector [in enacting the Meyers-Milias-Brown Act], we cannot
attribute to it an intention to permit local entities to adopt
regulations which would frustrate the declared policies and
purposes of [that legislation].’ ”]; AIDS Healthcare Foundation v.
Bonta (2024) 101 Cal.App.5th 73, 88 (AIDS Healthcare
Foundation) [state law preempted local regulations where state
law “seeks to promote higher density housing projects and allows
for ‘more stringent local regulation’ of housing projects, but local
housing density caps are being used to ‘frustrate the statute’s
purpose’ ”].)
       “[A] state statute preempts local laws adopted through
initiative only if there is a ‘ “clear showing” ’ or ‘definite
indication’ of legislative intent to do so.” (AIDS Healthcare
Foundation, supra, 101 Cal.App.5th at p. 89; accord, City of
Morgan Hill v. Bushey (2018) 5 Cal.5th 1068, 1079.)
       2.     The relocation assistance requirement under section
              1806(b)(C) is preempted by the Costa-Hawkins Act
       Petitioners argue Measure H’s relocation assistance
requirement for tenants displaced by a lawful rent increase,
section 1806(b)(C), is preempted by the Costa-Hawkins Act. 14

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