Cal. Apartment Assn. v. City of Pasadena (2025)

Citation: Cal. Apartment Assn. v. City of Pasadena (2025)
Parent Document: Cal. Apartment Assn. v. City of Pasadena (2025)
Jurisdiction: California (state)
Effective Date: 2025-12-18
Original Source: https://www.courtlistener.com/opinion/10761039/cal-apartment-assn-v-city-of-pasadena/ ↗

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governmental powers” by removing the Legislature’s long-settled
exclusive and indispensable authority to levy taxes and promptly
raise revenues when necessary to respond to state and local
emergencies. (Id. at pp. 263-266, 277.) The court also noted the
initiative would further alter the preexisting framework of state
and local governments by removing their ability to delegate fee-
setting authority to executive or administrative officers. (Id. at
pp. 268-277.)
       The measures in Raven and Weber each involved a
significant usurpation of governmental powers and duties and
disruption of the preexisting government framework that does
not exist in the challenged Measure H provisions.
             b.     Budget and fiscal planning authority
       Measure H provides that the Rental Board shall have the
power and duty to “[e]stablish a budget for the reasonable and
necessary implementation of the provisions of this Article,
including but not limited to the hiring of necessary staff, such as
Hearing Officers, and the maintenance of a Rental Registry.”
(§ 1811(e)(10).) To finance its operations pursuant to that
budget, the Rental Board has authority to charge landlords “an
annual Rental Housing Fee . . . , in amounts deemed reasonable
by the Rental Board in accordance with applicable law.”
(§ 1811(e)(10), (l)(1).) Further, until the Rental Board has
collected fees sufficient to support its operations, “the City shall
advance all necessary funds to ensure the effective
implementation of” Measure H. (§ 1811(l)(2).) Measure H
provides that “[t]he City may seek reimbursement of any
advanced funds from the Rental Board after the Rental Housing
Fee has been collected.” (Ibid.)

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