Rent Control Of Replacement Units Upheld

: cp-dr – excerpt

, Los Angeles County – A City of Los Angeles ordinance that subjects replacement rental units to the city’s rent control scheme has been upheld by the Second District Court of Appeal.

The city’s law provides that if a landlord demolishes a residential property that is subject to the city’s rent stabilization ordinance, and then builds new residential rental units on the same property within five years, the new units are also subject to the rent stabilization ordinance. The Apartment Association of Los Angeles County challenged the law as prohibited by the Costa-Hawkins Act, which exempts newly constructed units from local rent control measures. The court, however, disagreed with the association’s reading of state law…

At issue in the litigation was interpretations of the Ellis Act and the Costa-Hawkins Act (Civil Code § 1954.50 et seq.). In general, the Ellis Act (Government Code § 7060 et seq.) permits the owner of a rental property to evict the tenants and go out of business. However, the Ellis Act contains recontrol provisions intended to prohibit bogus evictions. If a landlord begins renting a property again after evicting tenants, local rent control measures still apply. In addition, local governments may impose rent control on replacement units under the Ellis Act…

Rather, the court ruled, the statutes “should be interpreted to work together.”

The Case:
Apartment Association of Los Angeles County, Inc. v. City of Los Angeles, No. B204334, 09 C.D.O.S. 4583, 2009 DJDAR 5455. Filed April 17, 2009.

The Lawyers:
For the Apartment Association: Trevor A. Grimm, California Apartment Law Information Foundation, (213) 380-0303.
For the city: Gerald Sato, city attorney’s office, (213) 485-5417…(more)

The Fight Against Rent Control By : kcet

This legislation, (text here), took away some of the power that tenants had accrued during the Rent Control revolution — or counter-revolution, depending on one’s point of view — of the late 1970s.

Essentially, Costa-Hawkins exempted rental units erected after the law passed from being rent controlled. Costa-Hawkins also allowed landlords to raise rents on a unit if and when an apartment becomes vacant.

RELATED:
http://www.sfaa.org/pdf/CAA-Insights-Costa-Hawkins-Rental-Housing-Act.pdf
It’s Time To Overturn the State Ban on Rent Control

After 8 months, developer still hasn’t complied with city planning rules

by Zelda Bronstein : 48hills – excerpt

The story of 660 Third Street is a sad example of how big commercial property owners can get away with ignoring zoning rules

APRIL 29, 2015 — Last September supporters of PDR (Production, Distribution and Repair) jobs — and the rule of law in San Francisco — thought they’d scored a rare victory, when the Planning Commission told the owners of the PDR-zoned property at 660 Third Street that it would not authorize their illegal conversion of the entire property to office space.

But more than seven months later, there are still office tenants in the space that is supposed to be limited to PDR, and the building manager is advertising office space for lease, as Planning officials struggle to get the owner to comply.

The Planning Department had originally recommended the ex post facto approval of the illicit conversion. Planning changed its recommendation after a May public hearing where community members, with land use attorney Sue Hestor in the fore, vehemently objected. A subsequent 48 Hills investigation found major discrepancies between reality and claims made in Planning’s staff report and the affidavit submitted by David Silverman, the Reuben, Junius & Rose attorney representing the owners.

In September, Planning changed its recommendation, urging the commission to approve only the office conversion of the two upper floors of the four-story building, specifying that the lower two floors, or 40,000 sf, should be rented out to PDR users… (more)

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