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/ ↗

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It is contended that rent control is not within the municipal police power because it is “private law” purporting to regulate private civil relationships. Such an exception to municipal powers has received support from some commentators and was included in the “home rule” article of the Massachusetts Constitution in the form of a provision denying cities any inherent power “to enact private or civil law governing civil relationships except as an incident to an exercise of an independent municipal power.” (Mass. Const., Amends., art. 89, § 7, subd. (5).) The Massachusetts Supreme Judicial Court construed this provision as preventing cities from enacting rent control measures in the absence of enabling legislation. (Marshal House, Inc. v. Rent Review, etc. Board, supra, 357 Mass. 709.)

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