Hirschfield v. Cohen (2022)

Citation: Hirschfield v. Cohen (2022)
Parent Document: Hirschfield v. Cohen (2022)
Jurisdiction: California (state)
Effective Date: 2022-08-25
Original Source: https://www.courtlistener.com/opinion/7859842/hirschfield-v-cohen/ ↗

Full Text

1,608 chars

7
property, which was rented by defendant Cohen, is subject to rent
control.”
       On October 14, 2020 the trial court issued a four-page
proposed order and statement of decision.6 The court described
the stipulated legal question before it as follows: “Does
California’s Ellis Act, Government Code section 7060.2(d), which
places ‘new construction’ back under rent control if the newly
constructed unit is re-rented within five years of the date of
withdrawal of the original rent-controlled apartments, also apply
to dwellings that are alienable separate from the title of any
other dwelling unit pursuant to Civil Code
Section 1954.52(a)(3)(A)[?]” The court answered in the
affirmative, reasoning that Apartment Assn. of Los Angeles
County Inc. v. City of Los Angeles, (2009) 173 Cal.App.4th
13 (Apartment Association) was “compellingly on point.”
       In Apartment Association, Division Three of this district
examined the interplay between section 7060.2(d) and Civil Code
section 1954.52, subdivision (a)(1), of the Costa-Hawkins Act.
The latter section exempts from rent control a dwelling that has a
certificate of occupancy issued after February 1, 1995. Division
Three considered the legislative history and public policy behind
the two laws and concluded the statutes could be harmonized by
construing section 7060.2(d) as an exception to Civil Code
section 1954.52, subdivision (a)(1)’s exemption for new
construction. (Apartment Association, supra, 173 Cal.App.4th at
pp. 25-26.) The court explained the purpose of the Ellis Act was
to allow cities to “promulgate ordinances that discourage

Other Sections in This Document (50)

Full Text