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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A different question would be presented if the delays inherent in the charter amendment’s requirement that rents be adjusted only on the basis of unit-by-unit hearings before a single tribunal were essential to its purpose. Clearly the Board’s powers could be broadened so as to ameliorate the delays sufficiently while preserving the rights of all concerned. Nor do we preclude the possibility of other legislative solutions to the problem. But under the charter amendment as it now stands the combination of the rollback to base rents and the inexcusably cumbersome rent adjustment procedure is not reasonably related to the amendment’s stated purpose of preventing excessive rents and so would deprive the plaintiff landlords of due process of law if permitted to take effect.

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