04/27/2024

Military couple’s fine to return to Oakland home unlawful, suit says

A married military couple who had to pay thousands of dollars to boot their tenants in order to move back into their Oakland home say the city law requiring the fee violates their rights.

The Pacific Legal Foundation, a libertarian property-rights firm based in Sacramento, said Wednesday in a federal lawsuit filed on behalf of the couple that the ordinance should be deemed unconstitutional and nullified.

The Oakland City Council in January enacted the ordinance as a way to assist tenants who are evicted. It was modeled on similar legislation of other rent-controlled cities in California.

A successful legal challenge could affect the laws on the books of those cities, too, including San Francisco, Berkeley and Los Angeles.

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