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California Anti-SLAPP Statute
January 2006: Fourth District Finds Statements Made During Unlawful Detainer Negotiations in Inducement of Settlement Fall within the Protection of California’s Anti-SLAPP Statute Navarro v. IHOP Properties, Inc., ___Cal.App. 4th___ G034987 (4th Dist. Dec. 7, 2005)
California Environmental Quality Act
November 2007: Second District Court Finds Ellis Act Does Not Permit Developer to Evict Tenants without Complying with CEQA Mitigation Measures Lincoln Place Tenants Ass’n v. City of Los Angeles, ___Cal.App.4th ___ B193235 (2nd Dist Sept. 19, 2007)
Costa Hawkins Act
April 2003: Costa Hawkins Act Preempts Local Agency Regulation of the Amount of Rent Charged for Vacant Replacement Units Bullard v. San Francisco Rent Stabilization Bd. 106 Cal.App.4th 488 (1st Dist. 2003).
July 2002: Court of Appeal: Costa-Hawkins Act Inapplicable where San Francisco Rent Board Finds Landlord and Temporary Unit Occupant Formed New Lease by Conduct Cobb v. City and County of San Francisco Rent Stabilization Board 98 Cal.App.4th 345 (1st Dist. 2002)
Covenant of Quiet Enjoyment
March 2005: Second District Court Recognizes Landlord’s Contractual Duty to Preserve Tenants’ Quiet Enjoyment Implied in Every Lease Agreement Andrews v. Mobile Aire Estates, 125 Cal.App.4th 578 (2nd Dist. 2005)
Due Process Rights
March 2005: Fourth District Court Protects Landlord from Municipal Ordinance, which Violated Landlord’s Procedural Due Process Rights Cook v. City of Buena Park, ___Cal.App.4th___ G031326 (4th Dist. Jan. 28, 2005)
Economic Loss Rule
April 2005: Georgia Supreme Court Holds that Party Merely Planning to Lease Property May Not Recover Damages for Contamination of the Site General Electric Company v. Lowe’s Home Centers, Inc. S04Q2099 (Ga. Feb. 7, 2005)
Ellis Act
May 2006: First District Finds San Francisco’s Relocation Assistance Landlord—Tenant Ordinance Does Not Violate the Ellis Act Pieri v. City and County of San Francisco 137 Cal. App.4th 886 (1st Dist. 2006)
May 2006: First District Court Finds San Francisco’s “Belief Requirement” in Its Municipal Eviction Ordinance Is Impliedly Preempted by the Ellis Act Johnson v. City and County of San Francisco, ___Cal. App.4th___ A111355 (1st Dist. Feb. 28, 2006)
May 2001: Retaliatory Eviction Cannot Be Asserted as an Affirmative Defense to Eviction Proceedings Brought Pursuant to the Ellis Act Drouet v. Superior Court, 86 Cal.App.4th 1237 (1st Dist. Feb. 7, 2001)
Eminent Domain
February 2004: Plain Language of Lease Vested Tenants with Right to Recover Proportionate Amount of Condemnation Award United States v. 1.377 Acres of Land, Josephson Management, et al. ___ F.3d ___, Case No. 02-56423 (9th Cir. Dec. 17, 2003).
Oakland Just Cause for Eviction Ordinance
April 2009: First District Upholds Severable Portions of Oakland’s ‘Just Cause’ Eviction Ordinance Rental Housing Association of Northern Alameda County v. City of Oakland, ___Cal.App.4th___ A114919 (1st Dist. Feb. 26, 2009)
Pollution and Contamination
August 2005: Landlord May Claim Temporary Injury and Cognizable Damages while Vacating Lessee Undergoes State-Mandated Environmental Investigation Alice Jaasma; Trust under Last Will and Testament of Ralph McEwan v. Shell Oil Company, ___F.3d___ 04-2095 (3rd Cir. June 28, 2005)
Rent Control
November 2009: Guggenheim v. City of Goleta—The Ninth Circuit Breaks New Ground for Property Rights and Generates Great Controversy
November 2009: Ninth Circuit Upholds Mobilehome Park Owners’ Facial Takings Challenge to City’s Mobile Home Rent Control Ordinance Guggenheim v. City of Goleta, ___F.3d___ Case No. 06-56306 (9th Cir. Sept. 28, 2009)
April 2009: First District Upholds Severable Portions of Oakland’s ‘Just Cause’ Eviction Ordinance Rental Housing Association of Northern Alameda County v. City of Oakland, ___Cal.App.4th___ A114919 (1st Dist. Feb. 26, 2009)
December 2008: Second District Court Finds Due Process Rights Violated in Rent Control Hearing Manufactured Home Communities, Inc. v. County of San Luis Obispo, ___Cal.App.4th___ B196426 (2nd Dist. Oct. 15, 2008)
June 2008: Third District Court Allows Low-Income Housing Landlord to Pursue Contract Action against California Department of Housing 300 DeHaro Street Investors v. California Department of Housing and Community Development, ___Cal.App.4th___ C05033 (April 10, 2008)
November 2007: Ninth Circuit Holds Landlords Must Seek State Compensation for Lost Rents Before Challenging Rent Control Ordinances in Federal Court Equity Lifestyle Properties, Inc. v. County of San Luis Obispo, ___F.3d___ 05-55406 (9th Cir. Sept. 17, 2007)
December 2005: Eviction of Tenant from Converted Condominium Unit Is Lawful under City of Santa Monica’s Rent Control Law Bohbot v. Santa Monica Rent Control Board 133 Cal.App.4th 456, (2nd Dist. 2005)
August 2005: California Supreme Court Upholds Obligation of Landlords to Provide 90-Days Notice for Section 8 Tenancy Terminations Wasatch Property Management v. Degrate 35 Cal.4th 1111 (Cal. 2005)
March 2005: City Entitled to Retroactively Cure Mistake in Adoption of Mobilehome Rent-Control Ordinance Proposed by Initiative Petitions MHC Financing Limited Partnership Two v. City of Santee, ___Cal.App.4th ___ D042631, D043129 (4th Dist. Jan. 25, 2005)
May 2004: A Mobilehome Park Owner Has Neither a Constitutional Right Nor a Right under City Ordinance to a Rent Increase Tied to Each Capital Improvement Morgan v. City of Chino 115 Cal.App.4th 1192 (4th Dist. 2004).
February 2004: Ninth Circuit Affirms Dismissal of Regulatory Takings Claim, Due to a Lack of Subject Mater Jurisdiction, in Rent Control “Premium” Case Hacienda Valley Mobile Estates v. City of Morgan Hill, et al. ___F.3d___, Case No. 02-15986 (9th Cir. Dec. 17, 2003).
August/September 2003: Landlord’s Notices to Rent Control Board Regarding Property’s Availability in Rental Market Did Not Insulate Landlord from Prior-Rents Scrutiny by Board Santa Monica Rent Control Board v. Pearl Street, LLC, et al. ___Cal.App.4th___, Case No. B15775, (2nd Dist. June 20, 2003).
April 2003: Costa Hawkins Act Preempts Local Agency Regulation of the Amount of Rent Charged for Vacant Replacement Units Bullard v. San Francisco Rent Stabilization Bd. 106 Cal.App.4th 488 (1st Dist. 2003).
July 2002: Court of Appeal: Costa-Hawkins Act Inapplicable where San Francisco Rent Board Finds Landlord and Temporary Unit Occupant Formed New Lease by Conduct Cobb v. City and County of San Francisco Rent Stabilization Board 98 Cal.App.4th 345 (1st Dist. 2002)
June 2002: City May Not Impose Conditions on Approval of Subdivision Map Converting Mobile Home Rental Park to Resident Ownership El Dorado Palm Springs, Ltd. v. City of Palm Springs 96 Cal.App.4th 1153 (4th Dist. 2002).
November 2001: Court of Appeal Allows Rent Increases after Finding No Substantial Evidence to Support Established Base Rents Concord Communities, L.P. v. City of Concord 91 Cal.App.4th 1407 (1st Dist. 2001).
April 2001: California Supreme Court Holds that Unreasonable Costs and Fees Incurred During Rent-Control Proceedings Can Justify a § 1983 Claim Galland V. City Of Clovis, 24 Cal.4th 1003 (Feb. 5, 2001)
Subsidized Rent
August 2005: California Supreme Court Upholds Obligation of Landlords to Provide 90-Days Notice for Section 8 Tenancy Terminations Wasatch Property Management v. Degrate 35 Cal.4th 1111 (Cal. 2005)
Suspected Criminal Activity
March 2005: Fourth District Court Protects Landlord from Municipal Ordinance, which Violated Landlord’s Procedural Due Process Rights Cook v. City of Buena Park, ___Cal.App.4th___ G031326 (4th Dist. Jan. 28, 2005)
Takings
June 2004: Ninth Circuit Holds That a Statute Which Caps the Amount of Rent That Oil Companies May Charge Dealers Constitutes a Regulatory Taking under the Fifth Amendment. Chevron USA, Inc. v. Bronster,363 F.3d 846 (9th Cir. 2004).
February 2004: Ninth Circuit Affirms Dismissal of Regulatory Takings Claim, Due to a Lack of Subject Mater Jurisdiction, in Rent Control “Premium” Case Hacienda Valley Mobile Estates v. City of Morgan Hill, et al. ___F.3d___, Case No. 02-15986 (9th Cir. Dec. 17, 2003).
Termination of Tenancy Notices
August 2005: California Supreme Court Upholds Obligation of Landlords to Provide 90-Days Notice for Section 8 Tenancy Terminations Wasatch Property Management v. Degrate 35 Cal.4th 1111 (Cal. 2005)
Water Rights
August 2006: New Mexico Court of Appeals Clarifies Law of Leases and Agency in Water Rights Hydro Resources Corporation v. Harris Gray and William Frost 24,012 (N.M. App. June 27, 2006)
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