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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Apartment Assn. of Los Angeles etc. v. City of Los Angeles (2026)

Citation
Apartment Assn. of Los Angeles etc. v. City of Los Angeles (2026)
Parent Document
Apartment Assn. of Los Angeles etc. v. City of Los Angeles (2026)
Jurisdiction
California (state)
Effective Date
2026-05-14

Other Sections in This Document (77)

Full Text

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C.     The Eviction Threshold Ordinance Is Not Preempted by the
       Unlawful Detainer Act
       AAGLA contends the Eviction Threshold Ordinance
imposes an improper procedural limitation on the timeline for
summary evictions under the Unlawful Detainer Act, specifically
Code of Civil Procedure section 1161. AAGLA further contends
that even if the eviction threshold requirement is viewed as a
substantive limitation, “to the extent it is based on an asserted
power to eliminate evictions based on nonpayment, it exceeds the
City’s authority and is invalid for that reason, as well.”
       “[A] city, pursuant to its police power, may place
substantive limitations on otherwise available grounds for
eviction, but not procedural ones.” (Rental Housing Assn. of
Northern Alameda County v. City of Oakland (2009)