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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (374)

Full Text

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Having sustained defendant’s power to limit residential rents within the city for the purposes stated in the charter amendment, we now consider the constitutionality of the means provided by the amendment for fixing and adjusting permissible rents. As already stated these means are within the police power if they are reasonably related to the legislative purpose. “Price control, like any other form of regulation, is unconstitutional only if arbitrary, discriminatory, or demonstrably irrelevant to the policy the legislature is free to adopt, and hence an unnecessary and unwarranted interference with individual liberty.” (Nebbia v. New York, supra, 291 U.S. 502, 539 [78 L.Ed. 940, 958]; accord, Permian Basin Area Rate Cases