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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (103)

Full Text

698 chars
An eviction notice is not “rationally related to the facilities provided” if it expels a tenant who demands that the landlord maintain premises which do not endanger the health and welfare of its occupant and do not violate housing codes. Our case does not involve the type of discrimination heretofore considered unreasonable or unlawful. Action by a landlord which does not restrict the right of a tenant to insure habitable living premises, and does not discriminate on the basis of race, sex, color, religion, ancestry or national origin, is not actionable under the statute if it proceeds from a motive of rational self-interest: i.e., if it is “rationally related to the facilities provided.”