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/ ↗

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for unlawful detainer]” (id., subd. (a)(3)(C)(iii)). Similar to the
Costa-Hawkins Act, which allowed rent-control to continue for
existing tenancies in single-family dwellings that were rented or
leased as of January 1, 1995, under the Ellis Act, a single-family
dwelling would be subject to rent control if it replaced a
demolished multi-unit dwelling, single-family dwelling, or other
dwelling where the dwelling was previously subject to rent
control.
       We are unpersuaded by Hirschfield’s argument that the
express inclusion in section 7060.2(d) of language clarifying that
its recontrol provision applies to demolition of accommodations
notwithstanding any exemption from rent control for newly
constructed accommodations implies a legislative intent not to
provide a similar exception for single-family dwellings. By
definition, every application of section 7060.2(d) involves the
construction of new accommodations in place of demolished
accommodations, and thus, inclusion of an express provision
clarifying the inapplicability of the exemption from rent control
for new construction avoids any ambiguity that might otherwise
render the section meaningless.17

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