Where an owner terminates or fails to renew a contract or recorded agreement with a governmental agency that provides for rent limitations to a qualified tenant, the tenant or tenants who were the beneficiaries of the contract or recorded agreement shall be given at least 90 days’ written notice of the effective date of the termination and shall not be obligated to pay more than the tenant’s portion of the rent, as calculated under the contract or recorded agreement to be terminated, for 90 days following receipt of the notice of termination of nonrenewal of
the contract.
Notes of Decisions
Apt. Ass'n v. City of Los Angeles, 38 Cal. Rptr. 3d 575 (Cal. Ct. App. 2006).
· cites it 4× “We conclude the ordinance conflicts with, and is preempted by, Civil Code section 1954.535, which provides that for a period of 90 days following receipt of the notice of termination or nonrenewal of the contract, a tenant “shall not be obligated to pay more than the tenant’s…”
Palmer/Sixth Street Props., L.P. v. City of Los Angeles, 175 Cal. App. 4th 1396 (Cal. Ct. App. 2009).
“(Civ. Code, § 1954.535.) The appellate court concluded that the ordinance’s unlimited rent restriction conflicted with and was preempted by the Costa-Hawkins Act, stating: “The Legislature, in Civil Code section 1954.”
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