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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (55)

Full Text

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RHOA contends that the good faith requirement violates the Fourth Amendment because “tenants’ Fourth Amendment rights are put in jeopardy if owners are tasked with obtaining knowing and voluntary waivers from tenants.” First, we note that RHOA lacks standing to assert such a Fourth Amendment claim on behalf of tenants because RHOA has no privacy interest in units occupied by tenants. (See, e.g., U.S. v. Taketa (9th Cir. 1991) *92923 F.2d 665, 669-670 [a party lacks 4th Amend, standing if that party’s reasonable expectation of privacy has not been infringed].) Even if RHOA had standing to assert this Fourth Amendment claim, we would reject it.