Lawsuit Update: City of Los Angeles Eviction Moratorium and Rent Freeze

Late last year, following an unfavorable ruling in the Ninth Circuit Court of Appeals, the Apartment Association of Greater Los Angeles appealed its case to the U.S. Supreme Court by filing a Petition for Certiorari.  The likelihood of having a case heard by U.S. Supreme Court is extremely limited.  However, after filing the Association’s appeal, a ruling by the Second Circuit Court of Appeals on a similar, New York landlord matter that conflicted with the ruling obtained by the Association in the Ninth Circuit Court of Appeals had provided some hope that the Supreme Court would review the Association’s case to resolve any conflicts in the two Appeals Court rulings.

It now appears that the Association’s lawsuit is being looked at.  Recently, the Association was notified that the Supreme Court has asked the City of Los Angeles to respond to its Petition for Certiorari filing.  Opposing parties are given 30 days to respond to a Petition for Certiorari, but typically do not do so to avoid drawing any attention to a particular petition.  The 30-day timeframe expired as of the end of December and as expected, neither the City nor any of the Intervenors in the case had responded.  However, the Supreme Court has now issued an order requesting the City to respond within 30 days (unless an extension is requested) and the petition is set for “conference” pending the City’s requested response.

Executive Director, Dan Yukelson stated: “While this is potentially very positive, we are being extremely careful to not read too much into this latest development since the Court could very well still deny the petition outright even after the City responds.  However, this is at least a good sign that somebody at the Supreme Court has taken notice of our petition.  The U.S. Supreme Court does not request responses on most petitions.”

From the very beginning, the Apartment Association of Greater Los Angeles has stated that it will fight its case “out” until the very end.  Please consider helping with the Association’s legal costs to make sure it have the necessary funds to go the distance.  Please give to the Legal Fund at www.AAGLA.org/LegalFund.