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contradict state law. "A local ordinance is preempted by a state statute only to the extent that the <br />two conflict." 22 <br />The purpose of the Costa -Hawkins Rental Housing Act is to "prohibit the strictest type of rent <br />control that sets the minimum rental rate for a unit and maintains that rate after vacancy... <br />Thus, Costa -Hawkins gives landlords the right to impose whatever rent they choose at the <br />commencement of a tenancy. This is known among housing law specialists as "vacancy <br />decontrol." 24 Hence in this context of this international public health emergency, the delay in <br />exercising the right to collect a rent increase, Executive Order No. 2-2020 is permissible under <br />state law. <br />In conclusion, this crisis demands bold actions from our leaders, which includes this City <br />Council. In reference to the sweeping emergency rules adopted by the Judicial Council on April <br />6, 2020, California Supreme Court Chief Justice Tani Cantil-Sakauye wrote: "We are at this <br />point truly with no guidance in history, law, or precedent. And to say that there is no playbook is <br />an understatement of the situation." As the Judicial Council did in exercising its powers over the <br />courts, so too the City of Santa Ana must fully exercise its police powers and take the <br />courageous steps necessary to keep people housed during this crisis. While we implore the City <br />of Santa Ana to do more to protect its residents from the effects of the COVID-19 pandemic by <br />adopting stronger protections (i.e., a complete eviction moratorium and longer repayment <br />periods), at a minimum, the City of Santa Ana should keep its current Executive Order regarding <br />rent freezes —No. 2-2020—intact. We are in state of emergency, and the law permits these <br />temporary actions to be taken to safeguard all residents of the City of Santa Ana. The actions of <br />the City Council will literally save lives in the City of Santa Ana, and allow people to stay safe at <br />home, as intended. We urge the City Council to continue to protect its residents. <br />Sincerely, <br />/s/ <br />Ugochi Anaebere-Nicholson <br />Directing Attorney, Housing and Homelessness Prevention Unit <br />Public Law Center <br />601 Civic Center Drive West <br />Santa Ana, CA 92701-4002 <br />(714) 541-1010 ext. 280 <br />unicholson@publiclawcenter.org <br />"Rental Housing Assn. of Northern Alameda County v. City of Oakland,171 Cal.AppAth 741, 752 (2009) (citing <br />Action Apartment Assn., Inc. v. City of Santa Monica, 41 Cal. 4th 1232, 1243 (2007)). (2015 514 , 505 <br />23 Masser Companies v. San Francisco Rent Stabilization & Arbitration Rd., 233 Cal, App, 4th )• <br />24 Action Apartment Assn., Inc. V. City of Santa Monica, 41 Cal. 4th 1232, 1237 (2007). <br />601 Civic Center Drive West • Santa Ana, CA 92701-4002 • (714) 541-1010 • Fax (714) 541-5157 <br />\11 <br />