News, Judge rules against developer and in favor of L.A. on emergency eviction protections : detailed suggestions and opinions about Judge rules against developer and in favor of L.A. on emergency eviction protections .
A judge has tossed out a federal lawsuit filed by a developer who said his real estate companies should have been compensated for losses they incurred as a result of emergency tenant protections approved in Los Angeles following the outbreak of COVID-19.
In his 15-page ruling, U.S. District Judge Dean Pregerson said the city’s ordinance, which barred landlords from removing tenants who were unable to pay rent because of COVID-19, did not constitute a “taking” of private property as defined by federal law.
Pregerson said the eviction ordinance, which was approved in 2020 and remains in effect, covers only a limited period of time and does not constitute a permanent taking of property, which would have required the city to compensate landlords. The judge also found that the law “indisputably promotes the common good.”
“There can be little dispute that, absent the moratorium’s protections, significant numbers of tenants with COVID-related loss of income would have been evicted, resulting not only in the harms typical of mass displacements, but exacerbating the spread of COVID-19 as well, to the detriment of all,” Pregerson wrote.