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

746 chars

We turn to the charter amendment’s provisions for adjustment of maximum rents. Plaintiffs contend that these provisions fail to provide sufficient standards for the guidance of the rent control board in acting upon petitions for increases or decreases in maximum rents and thereby constitute an unlawful delegation of legislative power. A municipal legislative body is constitutionally prohibited from delegating the formulation of legislative policy but may declare a policy, fix a primary standard, and authorize executive or administrative officers to prescribe subsidiary rules and regulations that implement the policy and standard and to determine the application of the policy or standard to the facts of particular cases. (Kugler v. Yocum

Other Sections in This Document (374)

Full Text