Action Apartment Ass'n v. City of Santa Monica, 41 Cal. 4th 1232 (2007)

Citation: Action Apartment Ass'n v. City of Santa Monica, 41 Cal. 4th 1232 (2007)
Parent Document: Action Apartment Ass'n v. City of Santa Monica, 41 Cal. 4th 1232 (2007)
Jurisdiction: California (state)
Effective Date: 2007-08-02
Original Source: https://www.courtlistener.com/opinion/5608052/action-apartment-assn-v-city-of... ↗

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In arguing that section 4.56.020(i)(l) is not preempted by the litigation privilege, the City first would have us evaluate section 4.56.020(i)(l) as if it had been enacted by the Legislature, noting that landlord-tenant relations is an area of the law in which the Legislature expressly allows local governments to act. The City is correct only insofar as it observes that this *1245and other courts have held that state law allows municipal governments the authority to enact and enforce particular local laws governing landlord-tenant relations, including those related to evictions and rent control. (See, e.g., Santa Monica Beach, Ltd. v. Superior Court (1999) 19 Cal.4th 952 [81 Cal.Rptr.2d 93, 968 P.2d 993]; Fisher v. City of Berkeley (1984) 37 Cal.3d 644, 707-708 [209 Cal.Rptr. 682, 693 P.2d 261]; Birkenfeld v. Berkeley (1976) 17 Cal.3d 129, 148-149 [130 Cal.Rptr. 465, 550 P.2d 1001]; Bullard, supra, 106 Cal.App.4th 488.) That state legislation allows local governments to adopt laws regulating evictions, however, does not give those local laws the force of state law.

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