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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In Block v. Hirsh (1921) 256 U.S. 135 [65 L.Ed. 865, 41 S.Ct. 458, 16 A.L.R. 165], the court rejected a jury trial challenge to a federal rent control statute, under which rents were regulated and tenants were permitted to hold over despite expiration of their leases. Writing for the court, Justice Holmes upheld the administrative board's authority to regulate rents as a reasonable exercise of police power to address a matter of "public interest." (Id. at pp. 153-158 [65 L.Ed. at pp. 869-872].) The court also rejected the landlord's jury trial claim: "The statute is objected to on the further ground that landlords and tenants are deprived by it of a trial by jury on the right to possession of the land. If the power of the commission established by the statute to regulate the relation is established, as we think it is, by what we have said, this objection amounts to little. To regulate the relation and to decide the facts affecting it are hardly separable." (Id. at p. 158 [65 L.Ed. at p. 872].)

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