Section 9-5

Citation: Section 9-5
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

1,433 chars

Amicus curiae CAA contends the requirement that the owner make a good faith effort to gain the tenant’s consent for City inspectors to enter an occupied unit violates constitutional guarantees of procedural and substantive due process. RHOA did not cross-appeal and does not challenge here the trial court’s ruling that “the concept of ‘good faith’ is not, on its face, a violation of the Constitutional requirement of due process.” Generally, “an amicus curiae accepts a case as he or she finds it ... [1] ... [IQ - - • ‘ “and . . . additional questions presented ... by an amicus curiae will not be considered.” ’ ” (California Ass'n for Safety Education v. Brown (1994) 30 Cal.App.4th 1264, 1274—1275 [36 Cal.Rptr.2d 404], citation omitted.) In all events, CAA’s procedural due process contention is premised on the “risk of unfair deprivation of . . . property interests.” Among these alleged deprivations are “penalty and lien provisions of the Ordinance and . . . potential damages . . . associated with defending against a tenant’s lawsuit.” Similarly, its substantive due process argument is founded on the specter of “harsh and oppressive” penalties on owners for tenant noncompliance. However, as discussed above, the amended ordinance does not, on its face, violate section 1954 or the Fourth Amendment, and does not impose fees on a landlord for tenant noncompliance. Accordingly, we reject CAA’s due process contentions.

Other Sections in This Document (55)

Full Text