Apartment Association Files Reply Brief in Measure H Appeal

The California Apartment Association last week filed its reply brief in an appellate court challenge to Pasadena’s rent control law, Measure H.

This brief marks the final written argument in the case, barring any requests for supplemental briefing. Oral arguments will be scheduled as the next phase of the appeal process.

The California Apartment Association reiterated its key arguments against Measure H, which was adopted by local voters in 2022. The California Apartment Association claims that Measure H goes beyond an amendment by significantly altering Pasadena’s governance structure, requiring a more thorough revision process.

The brief also argues that Measure H’s tenant-majority Rent Board and landlord exclusion violate constitutional protections and that specific provisions of Measure H, including relocation assistance and extended eviction notice requirements, are alleged to conflict with state laws like the Costa-Hawkins Rental Housing Act.

The announcement of the filing was made on the California Apartment Association website on Nov. 26, but details of the filing are behind a members-only section.

In March 2023, Judge Strobel ruled in favor of the City, which had acted on behalf of the Rental Housing Board in the initial lawsuit.

“Petitioners cannot prevail by suggesting that in some future hypothetical situation constitutional problems may possibly arise as to the particular application of the statute,” Judge Mary Strobel wrote in her ruling. “Rather, petitioners must demonstrate that the act’s provisions inevitably pose a present total and fatal conflict with applicable constitutional prohibitions.”

The ruling allowed the City to establish the Rental Housing Board, which is responsible for the implementation and enforcement of the rent control initiative.

The lawsuit lists Ryan Bell, Michelle White, and Affordable Pasadena as respondents.

Affordable Pasadena is a 501(c)(4) nonprofit organization. The IRS classifies the 501(c)(4) nonprofits as tax-exempt social welfare organizations whose contributions receipts are not eligible for tax deductions. Affordable Pasadena operated the Measure H campaign.

Measure H passed with nearly 54% of the vote.

Pasadena rents have reportedly skyrocketed with some apartments renting for well over $3,000 a month.