Superior Court Upholds
Tenant Law Tuesday
Carolanne Sudderth
Mirror Staff Writer
Santa Monica’s Tenant Harassment Ordinance was
upheld in a decision handed down Tuesday by Superior Court judge.
Valerie Baker.
City Attorney Adam Radinsky said Santa Monica
landlords Ross Vaisburd and Daniel Smith attempted to have the measure
declared unconstitutional in response to a civil lawsuit filed by the
City of Santa Monica charging them with tenant harassment.
Vaisburd and Smith responded by filing a demurer
challenging the law itself on 15 different grounds, including
constitutionality, free speech, and its preemption (or being
"trumped") by state law.
Radinsky said that state law contains tenants’
protections, but the State Legislature has not strengthened them since
the 1995 passage of the Costa-Hawkins Act, a vacancy decontrol measure
which took full effect in
January of this year.
Vaisburd and Smith are the co-owners of a 20-unit
building on Sixth Street in Santa Monica. Radinsky said that the
landlords are accused of refusing to accept rent from a tenant,
attempting to evict that tenant based on reasons they knew to be
invalid, and personally harassing the tenant who pays $592, the lowest
rent in the building, and less than 25% of what some other tenants
pay.
Superior Court Judge Baker considered the 30-page
argument submitted by the landlords for 5 days before issuing an order
effectively rejecting all 15 of the landlords’ legal arguments
against the ordinance.
"The law stands as written," Radinsky said.
He told the Mirror, he believes the decision is correct "because
the Tenant Harassment Ordinance is narrowly tailored to address a
specific problem. (This decision) leaves the law untouched which will
enable us to prosecute more egregious cases of harassment."
To date, these number approximately eight, Radinsky
said. "The criminal cases have all resulted in convictions."
Of the three civil cases filed, one has been settled
(legally, Radinsky said.). The two others are pending.
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