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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Before the present case California appellate courts have not been called upon to consider the validity of a rent control measure. However, the United States Supreme Court’s previously described enlargement of its view of the scope of the police power to regulate prices and its consequent repudiation of any “emergency” prerequisite for price or rent controls find their parallels in our own decisions. It is now settled California law that legislation regulating prices or otherwise restricting contractual or property rights is within the police power if its operative provisions are reasonably related to the accomplishment of a legitimate governmental purpose (Wilke & Holzheiser, Inc. v. Dept, of Alcoholic Bev. Control (1966) 65 Cal.2d 349, 359 [55 Cal.Rptr. 23, 420 P.2d 735]; Allied Properties v. Dept, of Alcoholic Beverage Control (1959) 53 Cal.2d 141, 146 [346 P.2d 737]; Wholesale T. Dealers v. National etc. Co.

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