Hirschfield v. Cohen (2022)

Citation: Hirschfield v. Cohen (2022) 2.
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/ ↗

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2.    The Costa-Hawkins Act
       The Costa-Hawkins Act, enacted in 1995, generally
prohibits public entities from applying rent control laws to
certain categories of dwellings, including newly constructed
rental units. (Apartment Association, supra, 173 Cal.App.4th at
p. 24.) Further, the Act prohibits public entities from regulating
the rents at which vacant dwellings may be offered to the public,
known as vacancy decontrol. (Action Apartment Assn., Inc. v.
City of Santa Monica (2007) 41 Cal.4th 1232, 1237; Apartment
Association, at p. 24; see Civil Code, § 1954.53, subd. (a).)
       Civil Code section 1954.52, subdivision (a), provides,
“Notwithstanding any other provision of law, an owner of
residential real property may establish initial and all subsequent
rental rates for a dwelling or a unit about which any of the
following is true: [¶] (1) It has a certificate of occupancy issued
after February 1, 1995. [¶] (2) It has already been exempt from
the residential rent control ordinance of a public entity on or
before February 1, 1995, pursuant to a local exemption for newly
constructed units. [¶] (3)(A) It is alienable separate from the
title to any other dwelling unit or is a subdivided interest in a
subdivision, as specified in . . . the Business and Professions
Code.”11 “‘The effect of this provision was to permit landlords ‘to

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