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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Here, the amended ordinance requires that landlords make good faith efforts to obtain tenant consent to City inspections. However, the “good faith requirement” is not a bilateral agreement between City and landlords, a necessary prerequisite for creation of an agency relationship. Simply put, RHOA’s argument rests upon a legally unsupported premise that the imposition of a good faith requirement creates an agency relationship. In sum, we see no conflict, express or implied, between the amended ordinance’s good faith requirement and the general law of agency. Accordingly, the amended ordinance is not preempted under article XI, section 7 of the California Constitution. (See Sherwin-Williams Co. v. City of Los Angeles, supra, 4 Cal.4th at p. 897.)

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