The City was not required to prepare an EIR to address the Project’s alleged impact on the loss of rent-stabilized housing units or the displacement of tenants because the property previously had been withdrawn from the rental market pursuant to the Ellis Act; under CEQA the assessment of impacts of a proposed project ordinarily is based on conditions as they exist at the time the environmental analysis is commenced.
Hollywoodians Encouraging Rental Opportunities v. City of Los Angeles affirmed a trial court’s determination that an EIR was not required under CEQA to evaluate impacts of tenant displacement for a property withdrawn from the rental market under the Ellis Act.
When a developer sought to convert an 18 unit apartment building into a 24 guestroom boutique hotel, a neighborhood association (Hollywoodians Encouraging Rental Opportunities (“HERO”)) appealed approval of the permit. The City Council denied the appeal, so the association petitioned the superior court for writ of mandate to reverse the City Council’s decision.
Continue reading “HERO v. City of Los Angeles (2019): Relevant Baseline for CEQA Analysis Properly Evaluated a Property Already Withdrawn under the Ellis Act and Therefore Properly Excluded Evidence of Impact on Housing and Population”




