Gruzen

Defendants appeal from a judgment adverse to them in an action for unlawful detainer. We modify the judgment and affirm it as so modified.

The only issue before us on this appeal is defendants’ contention that their rental agreement with plaintiff landlord was void because plaintiff had not previously secured the certificate of occupancy required by Ordinance of the City of Pasadena, Number 5121. That contention was rejected by the trial court. We conclude that the contention is correct.

I

In Currier v. City of Pasadena (1975) 48 Cal.App.3d 810 [ 121 Cal.Rptr. 913 ], we considered at length the validity of the ordinance herein involved and held that, construed in accordance with that opinion, the ordinance was constitutional. The Supreme Court denied hearing. We see nothing in Birkenfeld v. City of Berkeley (1976) 17 Cal.3d 129 [ 130 Cal.Rptr. 465 , 550 P.2d 1001 ], to lead us to take a different view in this case. Ordinance No. 5121 is part of a scheme to insure that property in the City of Pasadena meets the health and safety requirements of that city’s code. We sustained the ordinance as a legitimate procedure to carry out that objective. The ordinance before the…