City Ordinance Relating To Clean And Safe Rental Properties.

Petitioner is the owner of residential properties in Santa Cruz. Prompted by findings of substandard, overcrowded and unsanitary residential rental properties, the City of Santa Cruz passed an ordinance calling for annual inspections of all residential rental properties within City limits. Petitioner filed a petition for writ of mandate, arguing the ordinance is preempted by Health and Safety Code §17910 et seq., that it violates constitutional principles of privacy and equal protection, and that it imposes a tax in violation of the California Constitution. The Superior Court denied his petition. Noting that Santa Cruz is a charter city, the Court of Appeal found the ordinance was not preempted. Regarding the claimed right to privacy, the appeals court said petitioner lacks standing to assert the claim on behalf of tenants. As to the equal protection claim that the ordinance results in a different set of rules for owners of rental property and other property owners, the court found the City had a rational basis for its ordinance and rejected the argument. Regarding the illegal tax issues, the appellate court noted the law provides a local government may charge reasonable regulatory costs. The Court of Appeal affirmed the denial of the writ.  Griffith v. City of Santa Cruz   (Cal. App. Sixth Dist.; July 16, 2012) 207 Cal.App.4th 982.