In Harrison v. City of Rancho Mirage, published December 18, 2015, the Fourth District Court of Appeal, Division 2, affirmed a trial court decision dismissing an action for declaratory and injunctive relief after the trial court sustained the defendant city's demurrer. The city amended an ordinance regulating short-term vacation rentals of private homes to require that a person over 30 sign a contract to be the responsible person for the rental. The plaintiff, who rented his home out, was concerned that turning down a renter who was under 30 would expose him to an Unruh lawsuit. He sued the city for violating Civil Code sections 51 and 51.2 of the Unruh Act.
The appellate court agreed with the trial court's ruling that the city's legislature was not a "business establishment" for purposes of the Unruh Act, and therefore was not subject to suit under the Act for imposing age regulations upon housing rentals. The court agreed with previous California appellate decisions holding that municipal legislatures were not business establishments under the Unruh Act, and rejected a federal district court decision to the contrary.
Comments