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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)

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LLC v. Millis (2022) 82 Cal.App.5th 842, 853-854; Pieri v. City
and County of San Francisco (2006) 137 Cal.App.4th 886, 892-
894.) But the Ellis Act’s reservation of authority to local
governments to “mitigate any adverse impact” on displaced
tenants is plainly different from and broader than the Costa-
Hawkins Act’s provision reserving local authority to regulate the
bases for eviction.
       Because the relocation assistance requirement under
section 1806(b)(C) of Measure H does not constitute regulation of
a basis for eviction within the meaning of Civil Code section
1954.52, subdivision (c), that provision does not save the
requirement from preemption by the Costa-Hawkins Act.
       3.    The notice requirement under sections 1803(cc) and
             1806(a)(1) for evictions for nonpayment of rent is
             preempted by the Unlawful Detainer Act
       When municipalities enact measures that impose
procedural barriers to the state statutory scheme for summary
eviction proceedings, those measures are preempted. (Birkenfeld,
supra, 17 Cal.3d at pp. 149, 151; SFAA IV, 104 Cal.App.5th at
1237-1238; see generally Chevron, supra, 15 Cal.5th at p. 142 [if
local legislation conflicts with state law, “it is preempted by such
law and void”].) Petitioners argue that Measure H includes a
notice requirement that is preempted by state law—the Unlawful
Detainer Act (Code Civ. Proc., § 1159 et seq.)—insofar as it
imposes an additional cure period beyond the period required
under state law before a landlord may pursue an eviction for
nonpayment of rent. Under Code of Civil Procedure section 1161,
subdivision (2), landlords must serve a three-day notice to pay
rent or quit the premises before proceeding with unlawful
detainer actions against tenants who have not paid rent or