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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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Patently, Civil Code section 1954 addresses the circumstances under which landlords are authorized “to enter an occupied residential dwelling.” (Spinks v. Equity Residential Briarwood Apartments (2009) 171 Cal.App.4th 1004, 1049 [90 Cal.Rptr.3d 453] [noting civil penalties may be imposed “for ‘a significant and intentional violation’ ” of § 1954 “if done ‘for the purpose of influencing a tenant to vacate a dwelling’ ”].) In contrast to section 1954, *93the amended ordinance authorizes City officials to enter a tenant’s residence to conduct inspections. Thus, we see no conflict between the amended ordinance, which governs inspections conducted by City officials, and section 1954, which limits the circumstances under which landlords can enter tenant residences.9