Like a monster that’s been hiding in the basement for decades, rent control is rearing its head in the Bay Area. Whether it is an ugly countenance or a smiling face is a matter of perspective. >>read more
In order to avoid having your takings claim dismissed, your timing must be just right. Unfortunately for Colony Cove Properties, LLC, the timing was off, and its multifaceted takings claim was rejected by the Ninth U.S. Circuit Court of Appeal for being both too late to challenge a rent control ordinance and too early to challenge how a city applied its ordinance.
An 11-judge panel of the Ninth U.S. Circuit Court of Appeals has thrown out the court's 2009 decision that invalidated the City of Goleta's mobile home rent control ordinance. This time, the court ruled the ordinance was not an unconstitutional taking of property because the mobile home park owners who brought the challenge acquired the property long after ordinance was in effect.
A City of Los Angeles ordinance that subjects replacement rental units to the city's rent control scheme has been upheld by the Second District Court of Appeal. The court rejected the argument that the ordinance violates the Costa-Hawkins Act, which exempts newly constructed units from local rent control measures.