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... ↗

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The court next specifically rejected the landlords' claims that "the remedies entrusted to the [board's] discretion are remedies exclusively reserved to the courts" (312 A.2d at p. 244), and instead found all of the above-listed remedial powers were proper. The court explained that the "`pivotal point in determining the permissible extent of delegable adjudicatory functions is not merely their inherent nature but the context of the regulatory scheme and the enforcement procedure provided by the administrative process.'" (312 A.2d at p. 245.) Considering the exercise of the listed remedial powers "in the context of the regulatory scheme," the court approved the use of such powers as being "reasonably necessary" to the board's regulatory goals: "We think it plain that the function of the [board] is primarily administrative and the power vested in it to hear and determine controversies involving landlords and tenants is granted only as an incident to its administrative duty; in other words, the [board's] function is not primarily to decide questions of legal rights between private parties, but [that remedial role] is merely incidental, although reasonably necessary, to its regulatory powers." (Id., at pp. 245-246.)[22]

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