Topa Equities, Ltd., Coalition for Economic Survival, Intervenor-Appellee v. City of Los Angeles, Maria Lourdes Lara Tai Park, Intervenors-Appellees
Opinion
Opinion
Thompson, J.
OPINIÓN
TOPA Equities, Ltd. (“TOPA”) owns an apartment building in Los Angeles, California. In 1971, TOPA entered a federal program by which the government subsidized TOPA’s mortgage interest payments in return for TOPA charging below-market rents. In 1998, TOPA left the government program. It wanted to raise its rents to market levels. Standing in its way, however, was Los Angeles’s Rent Stabilization Ordinance (“LARSO”), which regulates “rents so as to safeguard tenants from excessive rent increases!)]” Under LAR-SO, the below-market rents TOPA had been charging while a participant in the federal program could not be raised until existing tenancies terminated.
Seeking relief from LARSO, TOPA filed the present lawsuit against the City of Los Angeles. TOPA contended that it was not subject to LARSO because LARSO was preempted by federal law. The district court disagreed, and granted summary judgment in favor of the City. TOPA appeals.
We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. LARSO is a generally applicable rent control ordinance that does not unduly interfere with federal housing programs. It is not expressly preempted by federal law, nor is it…