Rental Housing Owners Ass'n v. City of Hayward, 200 Cal. App. 4th 81 (2011)

Citation: Rental Housing Owners Ass'n v. City of Hayward, 200 Cal. App. 4th 81 (2011)
Parent Document: Rental Housing Owners Ass'n v. City of Hayward, 200 Cal. App. 4th 81 (2011)
Jurisdiction: California (state)
Effective Date: 2011-09-30
Original Source: https://www.courtlistener.com/opinion/5810638/rental-housing-owners-assn-v-ci... ↗

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RHOA’s third and fourth objections relate to section 9-5.306, as amended, which requires landlords to make a good faith effort to obtain the consent of the tenant to an inspection. Specifically, RHOA argued that the good faith requirement was constitutionally vague, in violation of due process, because it imposes “an arbitrary obligation without standards” that will result in a “regime of unjust fines.” The trial court rejected RHOA’s contention, stating that “the concept of ‘good faith’ is not, on its face, a violation of the Constitutional requirement of due process.” RHOA also argued that the “good faith” requirement, coupled with the requirement that a landlord be present at the inspection, creates the likelihood of an unlawful landlord inspection in violation of Civil Code section 1954 and also makes the landlord an “involuntary agent” of the City in violation of the California Constitution. The trial court sustained this objection. The court ruled that a landlord “may not be held responsible to obtain the tenant’s consent to permit the governmental entry for inspection.”

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