Recent Federal Decisions

May 2001

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Retaliatory Eviction Cannot Be Asserted as an Affirmative Defense to Eviction Proceedings Brought Pursuant to the Ellis Act
Drouet v. Superior Court,

In an issue of first impression, the First District Court of Appeal, Division One, has held that the Ellis Act (Gov. Code, § 7060 et seq.), which gives residential landlords the right to withdraw rental units from the market to go out of business, does not allow the assertion of a retaliatory eviction defense under Civil Code § 1942 in eviction proceedings under the Ellis Act.