Yarmark

In this case we are called upon to decide whether the Ellis Act (Gov. Code, § 7060 et seq.) preempts portions of Santa Monica City Charter, article XVIII, section 1806, subdivision (i)—which prohibits eviction of tenants for the purpose of demolishing or otherwise removing controlled rental units from rental residential housing use absent proper permits from the City of Santa Monica (City)—and section 1803, subdivision (t)—which prohibits removal of rental units from the housing market by conversion, demolition, or other means absent a removal permit from the Santa Monica Rent Control Board—as they apply to prevent the owners of apartment buildings from evicting tenants in order to go out of the rental residential housing business absent the proper permits from the City and Board.

Following the decision of Nash v. City of Santa Monica (1984) 37 Cal. 3d 97 [ 207 Cal.Rptr. 285 , 688 P.2d 894 ], in which the constitutionality of a prior version of section 1803, subdivision (t), was upheld against a due process challenge brought by a landlord who sought to evict his tenants and demolish his building rather than to await his tenants’ voluntary departure or to sell his…