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Birkenfeld V. City Of Berkeley

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eBook details

  • Title: Birkenfeld V. City Of Berkeley
  • Author : Supreme Court Of California
  • Release Date : January 16, 1976
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 109 KB

Description

In this case we consider the validity of an initiative amendment to the Charter of the City of Berkeley providing for residential rent control within that city. In a class action brought by plaintiff landlords the superior court declared the amendment void and enjoined the city from enforcing it principally on the ground that the evidence at a lengthy trial showed that the city was not faced with a serious public emergency of the sort the court deemed constitutionally prerequisite to imposition of rent controls under the police power. As hereinafter explained we have concluded that the existence of such an emergency is no more necessary for rent control than for other forms of economic regulation which are constitutionally valid when reasonably related to the furtherance of a legitimate governmental purpose, and that the facts established at the trial did not preclude the city from legislating on the subject of residential rent control. We have also concluded that


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