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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It is true, as plaintiff notes, that in the course of vindicating a general "public right" in the enforcement of maximum rents, the administrative proceedings challenged here also determine the rights of private individuals as they relate to those rents. Nonetheless, as the United States Supreme Court observed in Thomas, supra, 473 U.S. 568, the same is true of administrative schemes involved in the high court's cases (most notably the landlord-tenant scheme in Block v. Hirsh, supra, 256 U.S. 135), yet the court has never found exercise of administrative power improper on that ground.[57] The same can be said for plaintiff's assertion that because landlords do not submit voluntarily to administrative adjudication, such adjudication is outside the proper scope of agency power. Neither Atlas Roofing, supra, 430 U.S. 442, nor the earlier cases discussed ante, draw this distinction; in fact they disclose that submission to the administrative agency was involuntary. (Block v. Hirsh, supra, 256 U.S. 135, 158 [65 L.Ed. 865, 872]; James & McLaughlin, supra, 301 U.S. 1, 25, 48-49 [81 L.Ed. 893, 905, 918].)[58]

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