6
Britton argues that in order to avoid preemption, we should interpret Rule 12.20 to
mean that unilaterally-imposed changes to the terms of a lease become part of the
conditions of the lease if the tenant “agrees” to the changes by remaining in possession of
the premises, even if the changes are not authorized by the Rent Ordinance, required by
law, or agreed to in writing by the tenant. This reading of Rule 12.20 flies in the face of
the plain language of the regulation, which prohibits eviction for violating unilaterally-
imposed changes to the terms of a tenancy unless one of those conditions is met. We
shall assume that the regulation means what it says and proceed to consider whether, so
viewed, it is preempted by section 827.
A local law may conflict with a statute either directly or by implication. (Fisher v.
City of Berkeley (1984) 37 Cal.3d 644, 705–709 (Fisher).) We may infer the Legislature
intended to preempt a field “only if ‘ “(1) the subject matter has been so fully and
completely covered by general law as to clearly indicate that it has become exclusively a
matter of state concern; [or] (2) the subject matter has been partially covered by general
law couched in such terms as to indicate clearly that a paramount state concern will not
tolerate further or additional local action; or (3) the subject has been partially covered by
general law, and the subject is of such a nature that the adverse effect of a local ordinance
on the transient citizens of the state outweighs the possible benefit to the municipality.” ’
[Citations.]” (Id. at p. 708.)
In considering the question before us, we bear in mind that our Supreme Court has
upheld challenges to local rent control legislation against preemption challenges in the
past. The court in Birkenfeld v. City of Berkeley (1976) 17 Cal.3d 129 (Birkenfeld),
considered the City of Berkeley’s rent control law, which had been passed by an initiative
amendment to the city charter. In doing so, the court made a distinction between local
limitations placed on the substantive grounds for eviction and the local laws’
establishment of “procedural barriers between the landlord and the judicial proceeding”
that exceed those established by state law. (Id. at pp. 135, 151, italics added.) The court