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2026-006 - Judgement in Case Challenging Rent Stablization & Just Cause Eviction Ordinance
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2026-006 - Judgement in Case Challenging Rent Stablization & Just Cause Eviction Ordinance
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3/24/2026 11:57:02 AM
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3/24/2026 11:56:05 AM
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City Clerk
Doc Type
Resolution
Agency
Clerk of the Council
Item #
19
Date
3/17/2026
Destruction Year
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RESOLUTION NO. 2026-006 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br /> SANTA ANA ACKNOWLEDGING JUDGMENT IN CASE <br /> CHALLENGING THE RENT STABILIZATION AND JUST <br /> CAUSE EVICTION ORDINANCE <br /> WHEREAS, on November 5, 2024, 57.63 percent of the voters of Santa Ana <br /> approved Measure CC, titled "An Ordinance of the People of the City of Santa Ana <br /> Adopting a Rent Stabilization and Just Cause Eviction Ordinance," Ordinance No. <br /> NS3073 ("Ordinance"); and <br /> WHEREAS, on February 4, 2026, the Superior Court of California, County of <br /> Orange entered an Amended Judgment ("Judgment") in the Orange County Apartment <br /> House Association, Inc. dba Apartment Association of Orange County v. City of Santa <br /> Ana, et al. case, Case No. 30-2023-01308094-CU-JR-CXC ("Litigation"), a case whereby <br /> plaintiff challenged the Ordinance on various constitutional grounds alleging four causes <br /> of action. The Judgment was entered as follows: 1) the Court granted plaintiff's motion for <br /> summary adjudication on plaintiff's first cause of action, and 2) the Court granted the <br /> City's motion for summary adjudication as to the second, third, and fourth causes of <br /> action; and <br /> WHEREAS, in granting summary adjudication as to plaintiff's first cause of action, <br /> the Court ordered the last sentence of Section 8-3180(a)of the Santa Ana Municipal Code <br /> as stated in the Ordinance, establishing the composition of the Rental Housing Board, be <br /> severed from the Ordinance and the remainder of the Ordinance remain in effect; <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa <br /> Ana as follows: <br /> Section 1. City Council hereby acknowledges the Judgment entered on <br /> February 4, 2026 in the Litigation referenced above. A true and correct copy of Measure <br /> CC, Ordinance NS-3073, with strikethrough font as to the severed provision as ordered <br /> by the Court in the Judgment is attached hereto as Exhibit A. A true and correct copy of <br /> Measure CC, Ordinance NS-3073, with deletion of the severed provision as ordered by <br /> the Court in the Amended Judgment is attached hereto as Exhibit B. <br /> Section 2. The City Clerk is hereby directed to update City records <br /> acknowledging the Court's Amended Judgment in the Litigation and, as required by the <br /> Court, severing the last sentence of Section 8-3180(a) which read: "The Board Members <br /> of the Rental Housing Board shall be comprised of: 1) Three (3) Tenants, including at <br /> least one (1) Mobilehome Tenant; 2) Two (2) Landlords; and 3) Two (2) at-large Members <br /> with no financial interest in and no ownership of income-generating rental housing." <br /> Resolution No. 2026-006 <br /> Page 1 of 82 <br />
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