Santa Monica, Berkeley Rent Boards File Court Brief Supporting Measure H

Two rent control Boards have filed an amicus brief supporting Pasadena’s rent control Board in the ongoing lawsuit between the California Apartment Association and the City.

The California Apartment Association wants to stop Measure H, which provides eviction protections and rent increase limits.

The rent control initiative passed with 53.8 percent of the total votes cast despite a vigorous opposition campaign spearheaded by the California Apartment Association.

Soon after it passed, a lawsuit seeking an injunction filed by the California Apartment Association was struck down by Los Angeles County Superior Court Judge Mary Strobel.

The California Apartment Association is appealing that ruling and filed an opening brief on the matter late last month.

On Tuesday, Dec. 10, an amicus brief by the City of Santa Monica, the Santa Monica Rent Board and the Berkeley Rent Stabilization Board was approved by the court.

An amicus brief, or friend of the court brief, provides the court with information, expertise, or historical context to help inform the court’s decision.

The brief is typically submitted to the court from a person or organization that is not a party to the case.

“We submit the attached brief to assist the Court in its evaluation of the trial court’s decision in this case regarding appellant’s claim that Measure H constitutes a revision to Pasadena’s City Charter rather than an amendment.”

According to the California Apartment Association, and some local landlords, Measure H goes beyond an amendment by significantly altering Pasadena’s governance structure, requiring a more thorough revision process.

The apartment association 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.

But according to the amicus brief, governments in Santa Monica and Berkeley continued to function just fine after rent control measures passed there.

“Contrary to appellants’ apocalyptic warnings, these amendments have not worked a radical restructuring of government to warrant their characterization as revisions. Instead, the rent control laws have achieved their stated purpose: to regulate rents to ensure reasonable, periodic increases while guaranteeing landlords a fair return,” the amicus brief reads. “The agencies work cooperatively with the cities of which they are an integral part, while maintaining their independence and separate financing.”

Rental Boards in Santa Monica and Berkeley were established through a voter-initiated amendment to each City’s Charter similar to Measure H. Like Pasadena, the Rent Boards created by these Charter amendments are independent agencies with the authority to administer and enforce rent control laws.

Santa Monica’s law passed in 1979 and voters in Berkeley approved an initiative one year later in 1980.

Judge Strobel’s 2023 ruling allowed the City to establish the Rental Housing Board, which is responsible for the implementation and enforcement of the rent control initiative.

The City later hired Helen Morales as the Director of Rent Stabilization, a new City Department with 20 employees and a $6 million budget.