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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hirschfield v. Cohen (2022)

Citation
Hirschfield v. Cohen (2022)
Parent Document
Hirschfield v. Cohen (2022)
Jurisdiction
California (state)
Effective Date
2022-08-25

Full Text

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Opponents state that eviction protections are a frequently used,
reasonable, and effective legislative response to the housing
shortages, and that when a severe housing shortage exists, a city
is best able to meet its obligations by preserving existing housing
and prohibiting arbitrary evictions, demolitions, and
conversions.” (Sen. Com. on Judiciary, Rep. on Sen. Bill 505
(1985-1986 Reg. Sess.) as amended Apr. 18, 1985, p. 4.)
       The recontrol provisions of section 7060.2 were added to
Senate Bill 505, along with other amendments, to address these
concerns. (See Sen. Com. on Judiciary, Analysis of Sen. Bill 505
(1985-1986 Reg. Sess.) as amended May 15, 1985, p. 5 [“In
response to concerns that the bill could permit property owners to
evade rent control and other laws by ceasing to rent under the
guise of going out of business, the bill has been amended to
provide some safeguards against abuse.”]; Assem. Com. on
Judiciary, 3d reading analysis of Sen. Bill 505 (1985-1986 Reg.
Sess.) as amended Aug. 28, 1985, p. 4 [“This bill contains several
provisions designed to prevent landlords from using its provisions
to evade rent control and other laws by ceasing to rent under the
guise of going out of business.”].)
       The Senate Judiciary Committee in its report following the
May 15, 1985 amendment to Senate Bill 505 identified eight
safeguards that had been incorporated into the bill to prevent the
improper removal of housing units from the rental market, four
of which remain as part of section 7060.2, including recontrol if a
landlord offers to rent or lease accommodations within specified
time periods after withdrawal or demolition and reconstruction.
(Sen. Com. on Judiciary, Analysis of Sen. Bill 505 (1985-1986
Reg. Sess.) as amended May 15, 1985, pp. 5-7.) As to demolition
recontrol, the report stated, “If the rental units were withdrawn