City of Los Angeles v. Super. Ct.

Wade, an apartment tenant living alone, was evicted after the City of Los Angeles determined his unit, a converted recreation room, was an illegal rental. Wade asserted he has an orthopedic disability impairing personal mobility. Under the Rent Stabilization Ordinance, a tenant who has lived in a rental unit for three or more years is entitled to relocation assistance of $9,650, unless the tenant is a “qualified tenant,” entitled to an enhanced payment of $18,300. A “qualified tenant” includes a tenant who is handicapped as defined in Section 50072 of the California Health and Safety Code: a family in which the head of the household is suffering from an orthopedic disability impairing personal mobility or a physical disability affecting his ability to obtain employment or a single person with such a physical disability, where the family or person requires special care or facilities in the home. The trial court held a single person with an orthopedic disability was entitled to the enhanced payment. The court of appeal vacated. Under section 50072, only a head of household with an orthopedic disability is deemed to be handicapped. Because Wade was a single person, not a head of household, he was not a “qualified tenant” for purposes of the enhanced payment. View "City of Los Angeles v. Super. Ct." on Justia Law