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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1942

Citation
Section 1942
Parent Document
Drouet v. Superior Court, 73 P.3d 1185 (2003)
Jurisdiction
California (state)
Effective Date
2003-08-11

Other Sections in This Document (188)

Full Text

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Justice Moreno’s fear that landlords will threaten to invoke the Ellis Act in order to deter tenants from exercising their legal rights is unfounded. A “threat” to remove the building from the rental market is not a right granted by the Ellis Act, which addresses only actual and full withdrawals of the property from the rental market. Hence, nothing in our decision limits the protections available to a tenant in such a situation. (See § 1942.5, subd. (c) [prohibiting threats of retaliation].)