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Government,
Real Estate/Development

Aug. 15, 2022

The Rent Control War - Part Three

For the first time in California, a rent control ordinance had been approved by both the voters and the courts – so the way was paved for more of them. The landlords filed a petition for cert in the U.S. Supreme Court, but fat chance that would lead to anything. But it did!

Myron Moskovitz

Legal Director
Moskovitz Appellate Team

90 Crocker Ave
Piedmont , CA 94611-3823

Phone: (510) 384-0354

Email: myronmoskovitz@gmail.com

UC Berkeley SOL Boalt Hal

Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.

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Two columns ago, I described how the California Supreme Court rejected the constitutional challenges to local government's right to regulate residential rents, in Birkenfeld v. City of Berkeley (1976) 17 Cal.3d 129. The Court also laid out how to draft a rent control law that would pass legal muster.

My most recent column went through the post-Birkenfeld battles that landlords launched in the Legislature and with the electora...

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