APARTMENT ASS'N OF L.A. v. CITY OF L.A.

No. B130243.

88 Cal.Rptr.2d 255 (1999)

APARTMENT ASSOCIATION OF LOS ANGELES COUNTY, INC., et al., Plaintiffs and Appellants, v. CITY OF LOS ANGELES, Defendant and Respondent.

Court of Appeals of California, Second District, Division One.

Review Granted December 15, 1999.


Attorney(s) appearing for the Case

California Apartment Law Information Foundation, Trevor Grimm, Los Angeles, and Craig Mordoh, Santa Monica, for Plaintiffs and Appellants.

James K. Hahn, City Attorney, Ronald Tuller, Assistant City Attorney, and Miguel A. Dager, Deputy City Attorney, for Defendant and Respondent.


MIRIAM A. VOGEL, J.

The question before us is whether a fee imposed on residential rental properties to fund a program for the eradication of substandard housing is a charge upon real property within the meaning of Proposition 218. We conclude that it is, and that the fee is void and unenforceable in light of the City of Los Angeles's failure to follow the constitutionally mandated procedure for the adoption of such fees.

FACTS

Proposition 218...

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