The California Apartment Association and the City of Pasadena have submitted supplemental briefs to the California Court of Appeal as they await a ruling on the city’s rent control law, known as Measure H. This legal battle stems from the measure’s approval by voters in 2022, which introduced rental controls and established the Pasadena Rental Housing Board.
Following the passage of Measure H, the California Apartment Association initiated a lawsuit arguing that the law was not appropriately adopted as a charter amendment. The association contends that Measure H functions more like a revision, which should be enacted by the City Council or a charter commission. Their legal challenge also raises constitutional concerns regarding the composition of the rental housing board, which allocates seven of its eleven positions to tenants, potentially violating equal protection principles.
Legal Arguments Presented to the Court
During oral arguments last month, the Court of Appeal instructed both parties to prepare supplemental briefs specifically addressing the issue of relocation assistance payments mandated by Measure H. The California Apartment Association, in its brief, stated that these payments are preempted by state law. They argue that existing regulations grant landlords the authority to determine rents for properties that fall outside local rent control, asserting that cities cannot penalize property owners exercising these rights.
“The relocation payment requirement effectively punishes property owners for doing something that state law expressly allows,” the Association emphasized in its statement.
Conversely, the City of Pasadena defended the relocation assistance requirement, asserting that it falls within the city’s jurisdiction to regulate eviction practices. As of early Friday, the city had not provided a comment on the ongoing litigation.
Awaiting the Court’s Decision
Both the California Apartment Association and the City of Pasadena now await a decision from the Court of Appeal regarding this contentious case. The court has not indicated when it will render its judgment. The outcome could have significant implications for rental practices in Pasadena and potentially set a precedent for similar measures in other jurisdictions.
The implications of this case extend beyond the court itself, reflecting broader tensions in the housing market as communities grapple with the balance of tenant protections and landlord rights.
