California Apartment Association Files Opening Brief in Measure H Rent Control Lawsuit

The California Apartment Association (CAA) has filed its opening brief ahead of a hearing later this month on its legal challenge to the Pasadena rent control measure adopted in the November election. 

Measure H, which provides eviction protections, rent increase limits and rent rollbacks, passed with 53.8 percent of the total votes cast despite a vigorous opposition campaign spearheaded by the California Apartment Association.

The CAA filed its lawsuit in December. The lawsuit  will be heard later this month on March 28 due to an agreement between the CAA and the City. 

CAA contends that the law affects an unlawful revision to the city charter, imposes unconstitutional limits on who may serve on the rent board created to administer the rent control program, and improperly seeks to regulate rents on properties that are exempt from rent control under Costa-Hawkins.

“Due to the breadth of its changes to Pasadena’s basic governmental structure, Measure H proposes an unlawful revision to the Pasadena City Charter, which may not be enacted by voter-circulated initiative, rather than a lawful amendment, which may be enacted by voter initiative,” the brief states. 

“Measure H conditions the right to hold the office of Rental Housing Board member on a property qualification [and imposes such condition on a supermajority of seats on the Rental Housing Board] in violation of the California and United States Constitutions.”

“Various provisions of Measure H conflict with, and are therefore preempted by, controlling state law, including the Costa-Hawkins Rental Housing Act, the Ellis Act, Govt. the State’s unlawful detainer statutes, and various other state law provisions governing rental housing.”

The City is currently accepting applications for the Rental Housing Board.

In January, Superior Court Judge Mary Strobel denied CAA’s restraining order request against Measure H.

In her ruling, she said she was “not convinced that the amendment itself is unconstitutional.” 

The answering briefs of the defendants – the City of Pasadena and the measure’s proponents – are due March 13.

The Pasadena Rental Housing Board will consist of 11 members, composed of seven tenant members (one from each Council District), and four at-large members that may reside in any Council District in Pasadena, as well as two alternate members; one for the tenant group and one for the at-large group.

CAA filed the lawsuit in December and, under the terms of an agreement struck with the city, it is set to be heard on an expedited schedule. The hearing on the merits of CAA’s challenge is set for March 28.

In December, the City was served with a lawsuit filed by the CAA and individual property owners in the City challenging the validity of Measure H on a number of grounds.

In its opening brief the California Apartment Association cites three reasons that a local rent control initiative should be deemed invalid.