Section 1808

Citation: Section 1808
Parent Document: McHugh v. Santa Monica Rent Control Board, 777 P.2d 91 (1989)
Jurisdiction: California (state)
Effective Date: 1989-08-17
Original Source: https://www.courtlistener.com/opinion/1156663/mchugh-v-santa-monica-rent-cont... ↗

Full Text

706 chars

In addition, the court addressed the provision authorizing the board to impose a “civil penalty” up to $1,000 for violation of the landlord-tenant laws. It stressed that such a power may constitutionally be delegated to an administrative agency (id., at p. 246). (Indeed, a number of other state cases are in accord, see post, fn. 45.) The court struck the penalty provision before it, however, because the law provided no standard by which the board was to impose penalties. Because the board was free to exercise unguided discretion in making such awards, with the consequence that there could be “no meaningful judicial review,” the court held the civil penalty provision as drafted was illegal. (Ibid.)

Other Sections in This Document (387)

Full Text