The California Apartment Association and City of Pasadena last week filed supplemental briefs to the California Court of Appeal as part of ongoing litigation over Pasadena’s rent control law Measure H.
In 2022, Pasadena voters approved Measure H, a charter amendment initiative petition measure imposing rental control and creating the Pasadena Rental Housing Board.
The California Apartment Association filed its lawsuit after the measure passed and challenged that the law was improperly adopted as a charter amendment when it was more of a revision that can only be made by City Council or a charger commission; that the structure of the rental housing board having seven of the 11 spots for tenants raises constitutional concerns about equal protection and that Measure H conflicts with state housing law including Measure H requiring relocation assistance payments to tenants moving out after rent increases.
After oral arguments last month, the Court of Appeal ordered each side to submit supplemental briefs on the relocation assistance issue, according to the California Apartment Association.
In its brief, the California Apartment Association said that the relocation payment is preempted by state law. It argued that existing law gives landlords the right to set rents on properties exempt from local rent control and that cities may not penalize housing providers for exercising those rights, according to an association statement.
“The relocation payment requirement effectively punishes property owners for doing something that state law expressly allows,” the Association wrote in its brief.
The city’s brief argued that the relocation assistance requirement falls within the city’s authority to regulate or monitor the basis for eviction.
The City of Pasadena could not be reached for comment as of early Friday.
Both sides now wait for a decision from the Court of Appeal about the case. The court has not given any indication about when it will make its decision, according to the association.
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