Cal. Apartment Assn. v. City of Pasadena (2025)

Citation: Cal. Apartment Assn. v. City of Pasadena (2025)
Parent Document: Cal. Apartment Assn. v. City of Pasadena (2025)
Jurisdiction: California (state)
Effective Date: 2025-12-18
Original Source: https://www.courtlistener.com/opinion/10761039/cal-apartment-assn-v-city-of-pasadena/ ↗

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C.     Preemption of Measure H’s Relocation Assistance and
       Notice Provisions
       Petitioners contend two Measure H provisions are
preempted by state law. First, they assert section 1806(b)(C),
which requires landlords to pay relocation assistance to tenants
who are displaced by a lawful rent increase, is preempted by the
Costa-Hawkins Rental Housing Act (Costa-Hawkins Act), Civil
Code section 1954.50 et seq. Second, with respect to landlords
who wish to initiate the eviction process for nonpayment of rent,
petitioners contend sections 1803(cc) and 1806(a)(1) impose an
additional notice requirement that conflicts with the unlawful
detainer scheme under Code of Civil Procedure section 1161.
       Whether state law preempts a municipal ordinance is a
question of law that we consider de novo. (Chevron U.S.A. Inc. v.
County of Monterey (2023) 15 Cal.5th 135, 143 (Chevron); Coyne
v. City and County of San Francisco (2017) 9 Cal.App.5th 1215,
1224 (Coyne).)
       1.    Preemption principles
       Article XI, section 7 of the California Constitution provides
that a “city may make and enforce within its limits all local,
police, sanitary, and other ordinances and regulations not in
conflict with general laws.” But “ ‘ “[i]f otherwise valid local
legislation conflicts with state law, it is preempted by such law
and is void.” ’ ” 13 (Chevron, supra, 15 Cal.5th at p. 142.) A

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