Birkenfeld v. City of Berkeley, 550 P.2d 1001 (1976)

Citation: Birkenfeld v. City of Berkeley, 550 P.2d 1001 (1976)
Parent Document: Birkenfeld v. City of Berkeley, 550 P.2d 1001 (1976)
Jurisdiction: California (state)
Effective Date: 1976-06-16
Original Source: https://www.courtlistener.com/opinion/1193965/birkenfeld-v-city-of-berkeley/ ↗

Full Text

905 chars

It is contended that the defendant city was barred from imposing rent controls by the conceded absence of any state statute authorizing local legislation on the subject. As will be hereinafter discussed, the regulation of rents is proper only insofar as it is a valid exercise of the police power. The Constitution itself confers upon all cities and counties the power to “make and enforce within [their] limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.” (Cal. Const., art. XI, § 7.) A city’s police power under this provision can be applied only within its own territory and is subject to displacement by general state law but otherwise is as broad as the police power exercisable by the Legislature itself. (Stanislaus Co. etc. Assn. v. Stanislaus (1937) 8 Cal.2d 378, 383-384 [65 P.2d 1305]; In re Maas (1933) 219 Cal. 422, 425 [27 P.2d 373].)

Other Sections in This Document (374)

Full Text