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Lincoln Place Tenants Ass'n v. Los Angeles, City of

ELR Citation: 37 ELR 20246
Nos. No. B193235, (Cal. App. 2d Dist., 09/19/2007)

A California appellate court reversed a lower court decision denying residents' petitions to compel a city to enforce mitigation measures imposed under the California Environmental Quality Act (CEQA) in connection with the redevelopment of an apartment complex. The California Ellis Act, concerning rent control, does not preempt enforcement of CEQA's mitigation measures. By failing to monitor whether the apartment complex owner was complying with the mitigation measures, the city failed to enforce the mitigation conditions placed on the project in violation of CEQA. Similarly, the lower court erred in denying the residents' petitions to enjoin evictions at the apartment complex. On remand, the lower court must enter judgment against the city, compelling it to enforce the mitigation provisions. In addition, the lower court must enjoin the owner from evicting any of its current remaining tenants unless and until the mitigation conditions are complied with or amended in compliance with applicable law.