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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four of whom must be Tenants. (§ 1811(h)-(i).) There is no
requirement that any at-large members be present for a quorum.
       2.     Property qualification challenge under the state
              Constitution
       Article I, section 22 of the California Constitution provides:
“The right to vote or hold office may not be conditioned by a
property qualification.” Added to the Constitution in 1879 as
article I, section 24, the provision originally read: “No property
qualification shall ever be required for any person to vote or hold
office.” (See Cal. Const., art. I, former § 24.)
       This provision forbids conditioning the rights to vote and
hold public office on the ownership of property. (See City of San
Diego v. Shapiro (2014) 228 Cal.App.4th 756, 780, fn. 23 [“The
California Constitution expressly forbids conditioning the right to
vote on the ownership of property.”]; see also Barber v. Galloway
(1924) 195 Cal. 1, 11-12; Tarpey v. McClure (1923) 190 Cal. 593,
606; People ex rel. Chapman v. Sacramento Drainage Dist. (1909)
155 Cal. 373, 376, 389; Bjornestad v. Hulse (1991) 229 Cal.App.3d
1568, 1596-1597.) Petitioners argue the word “property” in the
term “property qualification” should be read broadly to
encompass any conceivable property interest, including a
leasehold. (See Callahan v. Martin (1935) 3 Cal.2d 110, 118
[leasehold constitutes a personal property interest].) Thus,
because Measure H restricts eligibility for the seven tenant
positions on the Rental Board to persons holding a leasehold,
Petitioners contend, it violates the constitutional prohibition on
conditioning the right to hold office on a property qualification.
Respondents counter that “property” should be read more

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