Law360
A landlord association sued the city of Los Angeles on Thursday over its moratorium on evictions and rent increases amid the novel coronavirus pandemic, saying the two ordinances are overbroad and violate landlords’ constitutional rights.
The Apartment Association of Los Angeles County argues in its complaint against the city, the city council and Mayor Eric Garcetti that their “hastily instituted” eviction moratorium ordinance and a rent freeze ordinance, both passed in late March 2020, should be barred because they deprive members of their rights under the Fifth, Tenth and Fourteenth amendments of the U.S. Constitution, as well as under California law.
The eviction moratorium “will operate as rent forgiveness” as tenants are not likely to be in a position to pay back rent on top of their normal rent when the emergency period ends, according to the association, which was founded in 1917 and describes itself on its website as a “powerful advocate and lobbyist for rental housing providers.”
The association, which says it has over 10,000 members owning or managing over 150,000 rental housing units in Los Angeles, Ventura and San Bernardino counties, claims the Los Angeles moratorium ordinance doesn’t require tenants to provide notice or documentation of their inability to pay rent and gives them a full year after the emergency period is lifted to pay their back rent.
Read the full article – LA Sued Over COVID-19 Eviction Moratorium, Rent Freeze
The Apartment Association of Greater Los Angeles is represented by Douglas J. Dennington, John A. Ramirez, Peter J. Howell and Kelsey E. Quist of Rutan & Tucker LLP.