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... ↗

Full Text

856 chars

The City contends the trial court erred when it sustained RHOA’s objection, on agency grounds, to the amended ordinance’s “good faith” requirement. On appeal, RHOA more clearly articulates the basis of its agency argument. RHOA argues that by requiring landlords to exercise good faith in attempting to obtain tenant consent to City inspection, section 9-5.306 forces landlords to act as “agents” of the City.6 RHOA asserts the agency relationship imposed upon landlords by operation of the good faith requirement is “compulsory” or “unilateral,” in violation of California law on creation of agency. Therefore, RHOA concludes, the amended ordinance is preempted *91under article XI, section 7 of the California Constitution.7 RHOA’s argument, however, is a mere tautology founded upon a concept alien to California law—“compulsory” or “unilateral” agency.

Other Sections in This Document (55)

Full Text