2710 Sutter Ventures, LLC v. Millis (2022)

Citation: 2710 Sutter Ventures, LLC v. Millis (2022)
Parent Document: 2710 Sutter Ventures, LLC v. Millis (2022)
Jurisdiction: California (state)
Effective Date: 2022-08-31
Original Source: https://www.courtlistener.com/opinion/7861646/2710-sutter-ventures-llc-v-millis/ ↗

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implement this chapter, as authorized by this chapter.”
(Gov. Code, § 7060.6.) The Legislature could have confined the
defense set forth in Government Code section 7060.6 to an
owner’s noncompliance with statutes, ordinances, or regulations
of public entities adopted to implement Government Code
sections 7060.2 and 7060.4, as authorized by those specific
provisions. (See Gov. Code, § 7060.5 [“The actions authorized by
Sections 7060.2 and 7060.4 may be taken by regulation . . . .”].) It
did not. Instead, a broader defense may be asserted for violation
of the provisions of the Act, “or statutes, ordinances, or
regulations” adopted to implement the Act, “as authorized by this
chapter.” (Id. at § 7060.6) Section 37.9A(e)(4) is such a provision.
      First, the Act authorized the City to enact section
37.9A(e)(4) through Government Code section 7060.1, subdivision
(c). The Act renders void local legislation that compels a landlord
to stay in the residential rental business (Gov. Code, § 7060), but
it “contains explicit boundaries, leaving areas for local control in
a fashion consistent with its terms.” (Yarmark, supra,
203 Cal.App.3d at p. 167.) When enacted, Government Code
section 7060.1, subdivision (c) allowed public entities to mitigate
the adverse impacts of a landlord’s decision to withdraw
accommodations only for displaced persons in low-income
households. (Pieri, supra, 137 Cal.App.4th at pp. 889–890.) The
2003 amendments (Stats. 2003, ch. 766, § 2) removed the low-
income restriction, so section 7060.1, subdivision (c) of the
Government Code now recognizes a public entity’s authority to
enact ordinances that mitigate the adverse impacts on all

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