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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       Apartment Association, supra, 173 Cal.App.4th 13 supports
our conclusion in recognizing the primacy of section 7060.2(d).
The Apartment Association court reconciled the recontrol
provision in section 7060.2(d) with the exemption from rent
control for new construction in Civil Code section 1954.52,
subdivision (a)(1), by construing section 7060.2(d) as an exception
to that exemption. (Apartment Association, at p. 25.) In reaching
this conclusion, the court reasoned that section 7060(d) was
entitled to preference as the more specific statute “because it only
deals with certain newly constructed residential rental units that
replace units withdrawn under the Ellis Act, whereas Civil Code
section 1954.52, subdivision (a)(1) deals more generally with all
newly constructed residential rental units that were issued a
certificate of occupancy after February 1, 1995.” (Apartment
Association, at pp. 27-28.) Just as the Ellis and Costa-Hawkins
Acts can best be reconciled by construing the recontrol provision
in section 7060.2(d) as an exception to section 1954.52,
subdivision (a)(1)’s exemption from rent control for new
construction, we construe section 7060.2(d) as an exception to
section 1954.52, subdivision (a)(3)’s exemption from rent control
for single-family dwellings. 27
                        DISPOSITION

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