California Apartment Association Files Supplemental Brief in Pasadena Rent Control Appeal

The California Apartment Association filed a supplemental brief with the California Court of Appeal on Sept. 30, intensifying its legal challenge to Pasadena’s rent control law, Measure H.

The filing responds to a rare request from the appellate court for additional briefing following oral arguments earlier in September. The court specifically asked both parties to address whether Measure H’s relocation assistance provisions are preempted by the Costa-Hawkins Rental Housing Act and the Tenant Protection Act of 2019 (Assembly Bill 1482), according to the brief filed in California Apartment Association v. City of Pasadena, Case No. B327634.

In its brief, the California Apartment Association argues that Measure H “conflicts with state law in multiple respects,” including its relocation assistance requirements, which the association contends “exceed the limits” set by Assembly Bill 1482 and are therefore preempted. The association also asserts that Measure H’s rent rollback provisions unlawfully impose rent ceilings on units exempt under the Costa-Hawkins Rental Housing Act, creating an additional conflict with state law.

The association reiterates its position that Measure H unlawfully amends Pasadena’s City Charter by creating “a new governmental agency with substantial powers.” It argues that this constitutes an impermissible charter revision under California law. The association further contends that the law violates constitutional protections by establishing a rental board composed primarily of tenants.

“The Board is not a mere advisory body,” the brief states. “It exercises significant governmental powers, including rulemaking, enforcement, and adjudication.” The association describes the Board as having “quasi-legislative, quasi-executive, and quasi-judicial powers,” and argues that reserving seven of 11 seats for tenants while excluding landlords from eligibility creates an unconstitutional imbalance.

Measure H, approved by voters in Pasadena in November 2022 with 52.8 percent of the vote, applies to multifamily rental units built before Feb. 1, 1995, affecting an estimated 24,852 units. It rolled back rents to May 17, 2021 levels and set the 2025–2026 Annual General Adjustment at 2.25 percent, based on 75 percent of the Consumer Price Index.

In March 2023, Los Angeles Superior Court Judge Mary Strobel rejected the association’s initial challenge, ruling that Measure H did not fundamentally alter city government. The appellate court’s renewed scrutiny now centers on statutory preemption rather than constitutional grounds.

The Pasadena Rental Housing Board has proposed eliminating rent withholding for tenants whose landlords fail to register; progressive late fees for noncompliant landlords have been suggested but are not yet formally adopted.

Landlords must register rent-stabilized units by Oct. 31 and pay an annual fee of $238 per unit.

According to the brief, average apartment rents in Pasadena are currently in the range of $2,727 to $3,205 per month, well above the national average of approximately $1,600 to $2,100, placing the city among the region’s most expensive rental markets.

The California Apartment Association is asking the appellate court to reverse the trial court’s decision and invalidate Measure H. The City of Pasadena has until Oct. 30 to file its response.