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/ ↗

Full Text

1,754 chars

39
Because this distinction appears on the face of Measure H, we
need not address the parties’ arguments about whether the
groups are similarly situated. Rather, we focus our inquiry on
whether the differential treatment of Pasadena residents who are
not Tenants without a Material Interest in Rental Property is
“adequately justified under the applicable standard of review.”
(Cole v. Superior Court, supra, 104 Cal.App.5th at p. 1289.)
“Where, as here, the facts are undisputed, we review
independently whether the classifications offend equal
protection.” (Ibid.)
              b.    Rational basis review applies
       Petitioners argue that Measure H’s discrimination against
landlords and property owners for purposes of Rental Board
membership is subject to the strict scrutiny standard of review.
Respondents contend rational basis review applies. Respondents
are correct.
       “The degree of justification required to satisfy equal
protection depends on the type of unequal treatment at issue.
[Citation.] Courts apply strict scrutiny when a challenged
statute or regulation involves a suspect class, such as one based
upon race, or a fundamental right, such as the right to vote.
[Citation.] ‘ “ ‘Under the strict standard applied in such cases,
the state bears the burden of establishing not only that it has a
compelling interest which justifies the law but that the
distinctions drawn by the law are necessary to further its
purpose.’ ” ’ ” (Getzels, supra, 112 Cal.App.5th at p. 399; accord,
Warden v. State Bar (1999) 21 Cal.4th 628, 641 (Warden).)
       “ ‘But when a statute involves neither a suspect
classification nor a fundamental right, the “general rule is that
legislation is presumed to be valid and will be sustained if the

Other Sections in This Document (114)

Full Text