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 suggested that the existence of a serious public emergency should be constitutionally required for rent controls because they create uncertainty about returns from capital investment in rental housing and thereby discourage construction or improvement of rental units, exacerbate any rental housing shortage, and so adversely affect the community at large. Such considerations go to the wisdom of rent controls and not to their constitutionality. In determining the validity of a legislative measure under the police power our sole concern is with whether the measure reasonably relates to a legitimate governmental purpose and “[w]e must not confuse reasonableness in this context with wisdom.” (Wilke & Holzheiser, Inc. v. Dept. of Alcoholic Bev. Control, supra, 65 Cal.2d 349, 359; accord, Consolidated Rock Products Co. v. City of Los Angeles, supra, 57 Cal.2d 515, 522.)

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