California Apartment Association

A law in Hesperia that allows the police chief to order the eviction of tenants from rental housing violates the U.S. Constitution, the California Apartment Association says in a letter to the city.

The police chief’s eviction authority is part of Hesperia’s Crime Free Rental Housing ordinance, a pilot program that took effect Jan. 1.

The ordinance also requires criminal background screenings, conducted by the Police Department, for all prospective tenants and mandates registration and inspection of all covered properties as well as the use a of crime-free addendum.

“Unfortunately, compliance guidance is impossible to provide as many key provisions of the ordinance are unconstitutional, inconsistent with state law and subject owners to the risk of significant liability for fair housing violations and wrongful eviction,” says Heidi Palutke, CAA’s research Counsel, in the letter, dated Feb. 18 and addressed to City Manager Nils Bentson.