Articles Posted in Landlord - Tenant

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The Ninth Circuit affirmed the district court's judgment on the pleadings in an action challenging a city ordinance that limits the rights of landlords to commence and conduct buyout negotiations. The panel held that the Ordinance did not prevent plaintiffs, an individual property owner and several landlord organizations, from commencing buyout negotiations if a tenant refuses to sign the disclosure form; the Disclosure Provision did not violate plaintiffs' First Amendment rights; the creation of a publicly searchable database of buyout agreements did not violate landlords' right to privacy under the California Constitution; the Ordinance did not violate landlords' rights to equal protection or due process; and the Condominium Conversion Provision did not violate landlords' "liberty of contract." View "San Francisco Apartment Assoc. v. City and County of San Francisco" on Justia Law

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Plaintiffs, four landlords, challenged the constitutionality of the City's Rent Escrow Account Program (REAP). The Housing Department places property into REAP when a landlord fails to repair habitability violations and tenants pay a reduced rent. The court concluded that placing plaintiffs' property into REAP did not violate plaintiffs' substantive due process rights where REAP served legitimate governmental goals and was rationally related to a legitimate governmental purpose; plaintiffs' procedural challenge could not support an as-applied substantive due process claim; and denial of leave to amend the complaint was not an abuse of discretion. Accordingly, the court affirmed the district court's dismissal of the complaint. View "Sylvia Landfield Trust v. City of Los Angeles" on Justia Law

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Plaintiff sought injunctive relief and damages against the Bank after it filed an unlawful detainer action against her in state court without giving 90 days notice to vacate the foreclosed property. At issue on appeal was whether the Protecting Tenants at Foreclosure Act of 2009 (PTFA), Pub. L. No. 111-22, 701-04, 123 Stat. 1632, 1660-62, provided a private right of action. The court concluded that dismissal of the state unlawful detainer proceedings did not moot plaintiff's claim; the court agreed with the Third Circuit that the regulation of eviction proceedings "does not implicate an important state interest" under Younger v. Harris; but plaintiff had no cognizable interest under the PTFA. Accordingly, the court affirmed the district court's dismissal of the complaint. View "Logan v. U.S. Bank" on Justia Law

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Appellants appealed the district court's order awarding them attorney fees following settlement of their claims against appellees brought under the Fair Housing Act, 42 U.S.C. 3601-3619, and California law. At issue was whether the district court erred by deducting some of the hours billed and lowered the hourly rates requested by appellants. The court held that the district court did not abuse its discretion either by relying, in part, on its own knowledge and experience, or by setting an hourly rate of $350 for appellants' lawyers. Accordingly, the judgment was affirmed.