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HOTOP v. CITY OF SAN JOSE

No. 18-16995.

982 F.3d 710 (2020)

Dean HOTOP; Ken Schneebeli; Jeff Zell; Sherman Zell; Lois Zell; Louise Peter; Seigi Tadokoro; Pat Crema; Sean Rhinehart; Shuchun Huang; James Campagna; Sal Ruiz; Isaac Agam; Steve Mahl; Lloyd Kip; Roberta Moore; Deng Liu; Shasha Chen; Small Property Owners Association-San Jose; Zhonghua Pei; Xiaocong Ye; Xiaodong Li, Plaintiffs-Appellants, v. CITY OF SAN JOSE, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 7, 2020.

Attorney(s) appearing for the Case

Frank A. Weiser (argued), Los Angeles, California, for Plaintiffs-Appellants.

Malgorzata Laskowska (argued), Senior Deputy City Attorney; Ardell Johnson , Chief Deputy City Attorney; Richard Doyle , City Attorney; Office of the City Attorney, San Jose, California; for Defendant-Appellee.

Barbara J. Parker , City Attorney; Maria Bee , Chief Assistant City Attorney; Erin Bernstein , Supervising Deputy City Attorney; Jaclyn Harris , Neighborhood Law Corps Attorney; Kent Qian , Deputy City Attorney; Office of the City Attorney, Oakland, California; for Amicus Curiae League of California Cities.

Whitty Somvichian and Brandon V. Stracner , Cooley LLP, Palo Alto, California; Nadia Aziz , Law Foundation of Silicon Valley; for Amici Curiae Law Foundation of Silicon Valley and Sacred Heart Community Service.

Concurrence by Judge Bennett

OPINION

In 2017, the City of San Jose passed Ordinance 30032 ("Ordinance") to amend the City's Apartment Rent Ordinance, and adopted Resolution 78413 to establish regulations for implementing the Ordinance ("Regulations"). Certain provisions of the Ordinance and Regulations require landlords to disclose information about rent stabilized...

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