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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       There is one situation where the red-tagging of a building might lead ultimately to
the termination of a tenancy. Health and Safety Code section 17980.7 provides that, if
the owner fails to comply with the red-tag notice despite having been afforded a
reasonable opportunity to do so, the enforcement agency may seek judicial appointment
of a receiver to assume control over the property and remediate the violations or take
other appropriate action. Other appropriate action includes ordering the demolition of the
building. (City of Santa Monica v. Gonzalez, supra, 43 Cal.4th 905, 934.) However,
"[i]n deciding whether to require vacation of the building or to repair as necessary, the
enforcement agency shall give preference to the repair of the building whenever it is
economically feasible to do so without having to repair more than 75 percent of the
dwelling, as determined by the enforcement agency, and shall give full consideration to
the needs for housing as expressed in the local jurisdiction's housing element." (Health &
Saf. Code, § 17980, Stats. 2003, ch. 474, § 4.)

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