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3d 377] respected here. Santa monica rent control board members. SMRR started in the 1970s as an advocacy group for renters, but has evolved into a political organization that has controlled every lever of power in Santa Monica for 42 years until 2020 when their grip on the City Council was loosened. It also modified provision "B, " absolving tenant Plevka of responsibility to place in trust the withheld rents of April, May, and June, and ordering instead that he begin in July to place rents in the trust account. Cf., 2 Areeda & Turner, Antitrust Law (1978) ¶ 331b2, page 150, discussing policy reasons against private actions for treble damages under the federal antitrust laws: "[The] common law's usual discomfort with imposing unforeseen liability is greatly exacerbated when compensatory damages are automatically trebled.

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5) pursuant to section 1808. What is really at stake, however, is the landlord's ability to seek a stay of the Board's order pending judicial review. We emphasize at the outset the limited question posed here. Indeed, a number of other state cases are in accord, see post, fn. LOCAL ELECTIONS: RENT CONTROL BOARD : Tenants' Slate Holds Upper Hand : Santa Monica: The fate of two competing rent control propositions, however, is still unclear. ) 26 Tennessee: Plasti-Line, supra, 746 S. 2d 691, 692-693 [following Fraser, supra, 625 S. 2d 852, and Percy Kent Bag Co., supra, 632 S. 2d 480]; fn. 455 [51 at p. 475], fn.

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With these two principles in mind, we review the decisions of our sister states. 15 ["We do not mean to imply that the Board is [49 Cal. CFTC, however, is distinguishable. The only court to consider that distinction has rejected it. James L. Jacobson, 38, is a tenant but works for landlords dealing with the rent board. Santa monica rent control board members wordpress. 3d 303, 308 [186 Cal. I) The "reasonable necessity/legitimate regulatory purpose" requirement. 135, the court stated that decision "stands for the principle that the Seventh Amendment is generally inapplicable in administrative proceedings, where jury trials would be incompatible with the whole concept of administrative adjudication. Most important, as we explain below, the intervening five decades of case law show that unquestioning and rigid adherence to Jersey Maid's holding would place us out of step with every sister-state court of this country that has considered administrative awards of "restitutive" damages. Yet troubled times forced the courts to recognize that the new administrative tools were essential to cope with new complexities.

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3d 389] statute and mere doubt does not afford sufficient reason for a judicial declaration of invalidity. But they must concern matters of an executive character. Plaintiff asserts the director's power held unconstitutional in Jersey Maid is indistinguishable from the Board's authority to determine excess rents and order reparations under section 1809, subdivision (b). Subsequently, other landlords were permitted to file a complaint in intervention. They hold the availability of judicial review of administrative decisions is sufficient to satisfy the "principle of check. " 3d 370] "economic loss, " and "minor" or "incidental" damages for "emotional distress"]; see generally David v. Vesta Co., supra, 212 A. Santa Monica voters to consider tighter rent control •. If Proposition U is adopted, landlords would be able to raise rents to whatever level the market will bear when voluntary vacancies occur.

Santa Monica Rent Control Department

6) Hire and pay necessary staff, including hearing examiners and personnel to issue orders, rules and regulations, conduct hearings and charge fees. 08 pending the entry of the judgment of the court in this action; and. The court explained that the "'pivotal point in determining the permissible extent of delegable adjudicatory functions is not merely their inherent nature but the context of the regulatory scheme and the enforcement procedure provided by the administrative process. '" The New Jersey Supreme Court, in Zahorian, supra, 301 A. "]; see also Zahorian, supra, 301 A. See County of Alameda v. Board of Retirement (1988) 46 Cal. The language of the jury trial provisions of these states is substantively similar to article I section 16 of the California Constitution. The majority fail to abide by these principles of judicial deference to legislative policymaking. We have not, however, previously considered the application of this provision to administrative adjudication. "]; Continental Can Co., Inc. State (Minn. 1980) 297 N. How Come There Isn't One Landlord on Santa Monica Rent Control Board. 2d 241, 251 [18 A.

Santa Monica Rent Control Board Members

3d 644, 655 [209 Cal. See Stearns v. Fair Employment Practice Com. As part of the SMRR slate, Niemann supports establishing a fund to subsidize rent increases for low-income tenants. Modern courts, however, have not rigidly construed these provisions. Some procedural concerns arising in this case are discussed post, pages 375-377. The Missouri Constitution also provides that the state's judicial power resides in the state high court and the lower courts. It expressly authorized Plevka (who remained in possession of the rental unit) to withhold $2, 797. The majority complain that the tenant could withhold rent and resist an unlawful detainer action before the landlord had an opportunity to obtain judicial review. Santa monica rent control board election. It is established that an agency has the authority to make its orders effective immediately. In Percy Kent Bag Co., supra, 632 S. W. 2d 480, the Missouri Supreme Court upheld, against a judicial powers challenge, the constitutionality of a statute that permitted a state antidiscrimination commission to exercise discretionary power to award backpay to complainant employees. It is obvious that in the case of professional licensing, an immediately effective order may [49 Cal. Miller is running independently. Kurt Gonska was unanimously appointed as an interim commissioner of the Rent Control Board last week to fill the spot left vacant in August when Board Member Naomi Sultan resigned her post after moving out of the city.

City Of Santa Monica Rent Control

2d 754, noted: "But it would seem entirely evident that the recognition of administrative authority to make minor or incidental awards need not carry with it any authority to entertain a matter where, because of the severity of the consequential injury and the extensiveness of the claim, the item of damages has become primary and the other relief [a cease and desist order in a race discrimination case] incidental rather than the reverse. We agree with the approach of our sister states. The majority's unspoken assumption is that a tenant who has withheld rent will be unwilling or unable to satisfy a judgment ordering the repayment of the withheld rent. 3d 380] opposed to equitable, we have recognized a right to jury trial. Many litigants take this risk; it is not a risk with constitutional significance. Fallon, supra, 101 915, 921. ) 51 Interveners apparently concede the inapplicability of the "gist" test to the present jury trial claim. Any arbitrariness in awarding treble damages is just as susceptible of correction by way of judicial review as arbitrariness in awarding "restitutive" compensatory damages. Precise interpretation of Jersey Maid is difficult; discussion of the damages issue was, at best, conclusory. Because Smith was no longer a tenant, the Board ordered simply that "Complainant Smith is entitled to total damages" of a specified amount. 2d 514, 521]; see also Brown, Administrative Commissions and the Judicial Power, supra, 19 261, 262-265, and authorities cited. At the same time, the view espoused by our sister states includes a crucial and workable limiting principle: The agency may exercise only those powers that are reasonably necessary to effectuate the agency's primary, legitimate regulatory purposes. 5) Set rents at fair and equitable levels.

3d 375] rent levels, to adjudicating a broad range of landlord-tenant disputes traditionally resolved in the courts. The first is that other methods such as "imposition of fines or penalties, awards of costs and attorney fees" could be used to induce compliance with the rent control ordinance, and there is no reason to think these would be insufficient. We are not called on to decide whether an administrative agency's award of general compensatory damages would violate the judicial powers clause and we express no opinion on the issue. 68-69, italics added. 08 declared by the Board to be owed to Smith. They do not question the general power of administrative agencies to impose penalties. 186 at p. 1236, citing Food & Agr. "I have come to the conclusion that if the law was fairly applied, it would not be a system that apartment owners would love, but it would be one they could live with, " he said. David M. Shell, Craig Mordoh, Thomas A. Nitti, Sherman L. Stacey and Stacey & Jones for Interveners and Respondents. 45 nor do we consider the propriety of relatively minor "punitive damages" under statutory schemes that expressly authorize such damages, and set a cap on such awards. Since the order was effective immediately, the landlord could have petitioned for judicial relief immediately, and sought a stay, before the withholding started in April.

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