Item 19 - Resolution Acknowledging Judgment in a Case Challenging the Rent Stabilization and Just Cause Eviction Ordinance

Home Browse Search

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