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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

Other Sections in This Document (114)

Full Text

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53
period if it determines that the lower threshold is necessary to
further the purposes of” Measure H. (Ibid.)
               a.  The Costa-Hawkins Act
       The Costa-Hawkins Act was enacted in 1995 “to relieve
landlords from some of the burdens of ‘strict’ and ‘extreme’ rent
control, which the proponents of [the] Costa-Hawkins [Act]
contended unduly and unfairly interfered with the free market.”
(Apartment Assn. of Los Angeles County, Inc. v. City of Los
Angeles (2009) 173 Cal.App.4th 13, 30 (Apartment Assn. of Los
Angeles County), italics omitted; accord, NCR Properties, LLC v.
City of Berkeley (2023) 89 Cal.App.5th 39, 47 (NCR Properties).)
As pertinent here, Civil Code section 1954.52 exempts from local
rent control laws certain residential property—including single-
family homes and rental units that have certificates of occupancy
issued after February 1, 1995—thus permitting landlords to
“adjust the rent on such property at will.” (DeZerega v. Meggs
(2000) 83 Cal.App.4th 28, 40-41; see Civ. Code, § 1954.52, subd.
(a) [“Notwithstanding any other provision of law, an owner of
residential real property may establish the initial and all
subsequent rental rates for a dwelling or a unit” in certain
circumstances]; Apartment Assn. of Los Angeles County, at p. 24
[“Civil Code section 1954.52, subdivision (a)(1), effectively
exempts newly constructed rental units from local rent
control”].) 16