Rental Housing Owners Ass'n v. City of Hayward

Introduction

Following entry of judgment in favor of Rental Housing Owners Association of Southern Alameda County, Inc. (RHOA), on its petition for writ of mandate, the trial court issued a peremptory writ of mandate enjoining the City of Hayward (City) from enforcing the “Mandatory Inspection Program” (MIP) incorporated in its Residential Rental Inspection Ordinance (ordinance). The trial court concluded the ordinance was unconstitutional on its face because it forced landlords to grant City inspectors access to occupied units without the consent of the tenant, in violation of Civil Code section 1954 and the Fourth Amendment of the United States Constitution. Accordingly, the trial court enjoined enforcement of Hayward Municipal Code sections 9-5.306 (Entry) and 9-5.401 (Fees/Penalty Charges), and commanded the City to repeal or cure the constitutional and statutory defects in these sections.

In response to the writ, the City amended the ordinance and filed a return to writ of mandate. 1 RHOA filed objections to City’s return to writ of mandate, asserting that the amended ordinance failed to cure the constitutional defects identified by the trial court in its earlier…