Apartment Ass'n v. City of Los Angeles
Opinion
Opinion
Klein, J.
Defendant and appellant City of Los Angeles (the City) appeals a judgment in a declaratory relief action invalidating a municipal ordinance.
The City adopted an ordinance prohibiting a landlord, after termination or nonrenewal of a Section 8 housing contract with the City’s Housing Authority, from charging the tenant more than the tenant’s portion of the rent under the former contract, without any limitation as to time. 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 portion of the rent” under the former contract.
Therefore, the judgment is affirmed.
FACTUAL AND PROCEDURAL BACKGROUND
1. Overview of Section 8 housing program.
The housing assistance program commonly known as Section 8 is funded by the United States Department of Housing and Urban Development (HUD) to provide rental assistance to senior citizens, disabled or handicapped persons and very low income tenants. HUD channels money to housing authorities, provides technical assistance…