Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)

Citation: Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)
Parent Document: Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)
Jurisdiction: California (state)
Effective Date: 1976-07-20
Original Source: https://www.courtlistener.com/opinion/2155026/newby-v-alto-riviera-apartments/ ↗

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21 Cal.App.3d 700, plaintiffs had been tenants of defendant landlord under a month-to-month tenancy, when they received a 30-day notice to quit the premises. The eviction notice gave no reason for termination, but plaintiffs contended that they had been given notice only because they had boys over five years of age. The court assumed that the Unruh Civil Rights Act was applicable but stated: “Because the independence, mischievousness, boisterousness and rowdyism of children vary by age and sex, Burnham, as landlord, seeks to limit the children in its apartments to girls of all ages and boys under five. Regulating tenants’ ages and sex to that extent is not unreasonable or arbitrary.” (21 Cal.App.3d at p. 703.) The court in Flowers

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