Erlach v. Sierra Asset Servicing, LLC, 226 Cal. App. 4th 1281 (2014)

Citation: Erlach v. Sierra Asset Servicing, LLC, 226 Cal. App. 4th 1281 (2014)
Parent Document: Erlach v. Sierra Asset Servicing, LLC, 226 Cal. App. 4th 1281 (2014)
Jurisdiction: California (state)
Effective Date: 2014-06-10
Original Source: https://www.courtlistener.com/opinion/2677838/erlach-v-sierra-asset-servicing-llc/ ↗

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that the health and safety of residents or the public is substantially endangered, the
enforcement agency may issue an order or notice to repair or abate. Any such order or
notice must be both posted in a conspicuous place on the property and sent by first-class
mail to each affected residential unit, or posted in a conspicuous place on the property
and in a prominent place on each affected residential unit. The order or notice must
include the name, address, and telephone number of the agency that issued the notice or
order; the date, time, and location of any public hearing or proceeding concerning the
order or notice; and information that the lessor cannot retaliate against a lessee.
       Pursuant to Health and Safety Code section 17975, "Any tenant who is displaced
or subject to displacement from a residential rental unit as a result of an order to vacate or
an order requiring the vacation of a residential unit by a local enforcement agency as a
result of a violation so extensive and of such a nature that the immediate health and safety
of the residents is endangered, shall be entitled to receive relocation benefits from the
owner as specified in this article." (Italics added.)
       If the owner fails to comply within a reasonable time with the terms of the order or
notice, the enforcement agency may seek and the court may order the imposition of
criminal penalties and that the owner not claim any deduction with respect to state taxes
for interest, taxes, expenses, depreciation, or amortization paid or incurred with respect to
the cited structure. The court may order the appointment of a receiver, and order the
owner to pay reasonable costs of the enforcement agency and to pay compensation to
tenants. (Health & Saf. Code, §§ 17980.7, subds. (a), (b), (c) & (d), italics added.)6
       On a finding that a building violates the State Housing Law, the enforcement
agency or a tenant or tenant association or organization may seek an order appointing a

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