Rental Housing Assn. of Northern Alameda County v. City of Oakland

A group of Oakland landlords sought a writ of mandate from the trial court to prohibit enforcement of Oakland’s Just Cause for Eviction Ordinance (Ordinance) that was adopted as initiative Measure EE at the general election in November 2002. The trial court determined that certain provisions of the measure are preempted by state law and others are not. The court also concluded that the invalid portions of Measure EE are severable from the rest of the Ordinance and the remainder of the Ordinance may be enforced. Both sides appeal.

We affirm the trial court and conclude that a portion of the Ordinance that was not challenged in the trial court is also preempted. Even in light of our determination that an additional portion of Measure EE is invalid, the remainder of the Ordinance remains enforceable.

FACTUAL AND PROCEDURAL BACKGROUND

Measure EE specifies its purpose is “to defend and nurture the stability of housing and neighborhoods in the City of Oakland by protecting tenants against arbitrary, unreasonable, discriminatory, or retaliatory evictions, thereby maintaining diversity in Oakland neighborhoods and communities while recognizing the rights of rental property…