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See City of Waukegan, supra, 311 N. 2d 146, 152-153; Appalachian Power Co. Public Service Com'n ( 1982) 296 S. 2d 887, 891; Wycoff Company v. Public Service Commission (1962) 13 Utah 2d 123 [369 P. 2d 283, 285]; see also Rosenthal v. Hartnett (1975) 36 N. City of santa monica rent control. 2d 269 [367 N. 2d 247, 326 N. 2d 811, 814]. ) At least one statute provides for "punitive damages" of up to $1, 000 to be awarded by the FEHC in housing discrimination matters. 3d 389] statute and mere doubt does not afford sufficient reason for a judicial declaration of invalidity. The court gleaned additional guidance from its earlier cases discussing the propriety of administrative fines and penalties (see cases cited ante, fn.

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City Of Santa Monica Rent Control

Additionally, courts have frequently approved the exercise by antidiscrimination commissions, and other boards, of broad remedial powers to issue injunctions, cease and desist orders, etc. These are proper considerations for legislating, not judging. Plaintiff's fears have not materialized in other states, and many of the decisions expressly caution against any such intrusion. Still other cases touch on the judicial powers clause in the course of discussing the proper procedure for judicial review of administrative decisions. Code, § 11503 (providing for "[a] hearing to determine whether a... license... should be revoked, suspended, limited or conditioned"). Joel Martin Levy, Jana Zimmer, Michael Heumann, Stephen P. Wiman and Marsha Jones Moutrie for Defendant and Appellant. They offer two explanations. 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. 919, 944 (1983) (holding 'legislative veto' provisions unconstitutional, despite the existence of '295 congressional veto-type procedures... in 196 different statutes'). Santa monica rent control board members ... p. In any event, we conclude that even under the novel test proposed, plaintiff interveners have shown no violation of the right to jury trial in these circumstances. 2d 852, 856 [49 Cal.

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As noted above, the "procedural" aspect of this test (ante at p. 361) is entirely consistent with (and indeed, dictated by) established California law concerning administrative revocation of professional licenses (ante at p. 361). "They would be a duplicate of the existing board, " said Simonian. The Ellis Act, adopted in 1986, allows landlords to legally evict tenants and go out of business, provided they give adequate notice and pay relocation fees. I'm really proud of the work we're done together and leaving Santa Monica is very, very bittersweet. 08 declared by the Board to be owed to Smith. The landlord then had unimpaired judicial review and no practical obstacle to enforcing a judgment in his favor. Elected OfficialPosition. It would give an unfair advantage for someone to fill my seat. Nevertheless, we concluded that such power did not violate article VI, section 1, because administrative boards "are not courts in the strict sense; they are not exercising 'the judicial power of the state' as that phrase is used in the constitution conferring judicial power upon courts, and... How Come There Isn't One Landlord on Santa Monica Rent Control Board. statutes creating such boards and conferring upon them such powers are constitutional. In practice, our administrative agencies commonly order money reparations, as when restitution is imposed as a probationary term on a licensee (e. g., Russell v. Miller (1943) 21 Cal. 3d 927]; accord, State Human R. Com.

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In late June plaintiff sought review by a writ of mandate (Code Civ. Co. Deukmejian (1989) 48 Cal. Santa Monica voters this fall will decide whether to dramatically tighten the city's cap on rent increases and authorize the rent board to ban rent increases altogether during states of emergency. Code, § 11519, subd. ) It may not, and does not, hear and adjudicate all manner of disputes between landlords and tenants. Santa monica rent control board members.chello. The only court to consider that distinction has rejected it. 2d 620, we have found no California case addressing directly the authority of "nonconstitutional" agencies (ante, p. 355) to make restitutive money awards. Access the agenda and zoom link here: "We have to protect the rental housing stock, " he said. 859-866 [Gibson, C. J., dis. The parties, however, did not raise, nor did the court address, the constitutional propriety of such an award. Gonska, who said he has lived in rent-controlled housing since 2014, cited his experience with landlords as his motivation.

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The Board's decision was made in late March 1983. Of course, the respondent, against whom an order has been issued, may comply voluntarily with that order. " 3d 130, 138-144 [93 Cal. BROUSSARD, J., Concurring and Dissenting. But it cannot 'pronounce a judgment and carry it into effect;' only a court can enforce the Commission's order. The Charter Amendment gives the Board power to promulgate pertinent regulations, and to hear and determine complaints of violations of the system as administered. G., Atlas Roofing Co., supra, 430 U. 2d 754, 761-762, quoted ante, fn. Santa Monica voters to consider tighter rent control •. As we explain below, prior California cases provide no direct guidance on the propriety of administrative restitutive money awards. 2d 440, 442-443, the court upheld, against due process challenges, imposition of treble damages. Fisher, however, did not address the issue posed here. 1352], the court held the Seventh Amendment does not apply in an administrative action before the National Labor Relations Board involving an employee's backpay claim against his employer. In addition, we rejected broad challenges (asserting violations of both the "judicial powers" and "legislative powers" clauses (Cal.

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He said he believes there needs to be better "integration and coordination" between the rent board, City Council, Planning Commission and the office of community and economic development over housing issues. 467, 490 P. 2d 1155] [$250 damage award]; Hess v. LOCAL ELECTIONS: RENT CONTROL BOARD : Tenants' Slate Holds Upper Hand : Santa Monica: The fate of two competing rent control propositions, however, is still unclear. Fair Employment & Housing Com. Effective Date of Order. It is obviously not compensatory, but punitive. Although the board did not have the authority to set rents, it was given the power to regulate and adjudicate all manner of landlord-tenant relations and disputes concerning "defective tenancies, " and to make various remedial orders to enforce its regulations and decisions.

Eagleson, Kaufman, JJ. "A landlord or tenant aggrieved by any action or decision of the Board may seek judicial review by appealing to the appropriate court within the jurisdiction. " "Before there was an opportunity for the court to pass on whether to stay temporarily the Board's rent withholding order, tenant Plevka immediately withheld rent, and continued to do so for three months thereafter. " 381-385) as well as other concerns, such as the existence of the action at common law, and the nexus between the challenged power and the agency's regulatory purpose. If the "gist" is legal, as [49 Cal.

3d 232, the Court of Appeal construed that statute and upheld an award of "punitive" damages in a housing discrimination case. Subsequently, other landlords were permitted to file a complaint in intervention. Some commentators suggest that a licensing board's authority to revoke or suspend licenses stems from the inherent strength of the police power itself. The court reasoned: "The mere fact that the Commission is involved in adjudication does not in itself render the statute unconstitutional as a usurpation of judicial power. Our court as well has previously noted the importance of administrative agencies in our modern government.

Suffice it to say that the state cases cited below, and our holdings in this case, do not conflict with the holdings of these high court cases construing the federal Constitution. The authority to make money awards, the court held, has the same "status" -- in terms of its effect on "governing personal conduct" -- as does the board's recognized authority to issue cease and desist orders. We note that our sister states have approved in principle the authority of administrative agencies to impose money penalties as a reasonable means of enforcing administrative regulations.

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