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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The amended ordinance authorizes the imposition of fees or penalties under sections 9-5.401 and 9-5.306. Section 9-5.401 (Fees/Penalty Charges) states, “[A]nnual fee and fees or penalty charges for any inspection or re-inspection performed pursuant to the provisions of this code shall be established from time to time by resolution of the City Council. Payment of such fees shall be made by Owner of the rental housing unit or hotel or motel upon demand by the City.” (§ 9-5.401, italics added.) True, section 9-5.401 provides that only owners, not tenants, are responsible for payment of penalty charges. However, it does not describe any of the circumstances under which owners may incur such penalties, and certainly does not call for imposition of a penalty on the owner when a tenant fails to cooperate.

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