Santa Monica Rent Control Board Election

If we conclude that "restitutive" compensatory damages to remedy individual harm are necessary to the fulfillment of the [49 Cal. The appointee is always another SMRR (Santa Monican for Renters' Rights) member and never a landlord. 161, 771 P. 2d 1247]. ) With the exception of Jersey Maid -- which, for the reasons discussed above, we do not believe should be viewed as controlling -- our prior cases do not conflict with the approach taken by our sister states, and indeed they recognize the constitutional necessity of the "principle of check. " Ii) Procedural limitations on the remedial powers of administrative agencies. 9a] Plaintiff interveners suggest there is or should be a state constitutional right to jury trial if (i) the administrative body is "nonconstitutional" (see ante, pp. Santa monica rent control board members ... p. For written comments, email the Board at [email protected] by 4:30pm on June 9, 2022 and note the agenda item in the subject line (12-A is the vacancy item). Commissioner Anastasia Foster agreed, saying that Guinn had "experience in the nuances and intricacies of the law. Thomas, supra, 473 U. Because Smith was no longer a tenant, the Board ordered simply that "Complainant Smith is entitled to total damages" of a specified amount. Kurt Gonska was unanimously appointed as an interim commissioner of the Rent Control Board last week to fill the spot left vacant in August when Board Member Naomi Sultan resigned her post after moving out of the city.

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Santa Monica Rent Control Board Members ... P

See Massachusetts Com'n Against Discrim. As in Jones, supra, the damages at issue in the instant case -- excess rent -- are restitutive in kind and limited in amount. The Ellis Act, adopted in 1986, allows landlords to legally evict tenants and go out of business, provided they give adequate notice and pay relocation fees.

Our Constitution states: "Trial by jury is an inviolate right and shall be secured to all.... " We have long observed, "It is the right to trial by jury as it existed at common law which is preserved [by article I, section 16]. " In both cases, however, we made statements in dictum that have some relevance here. An incompetent physician or unsafe hospital should not provide services pending judicial review of a suspension or revocation order. The view of the judicial powers doctrine embraced by our sister states has the advantage of avoiding meaningless, wooden distinctions (used in a number of older cases) between "quasijudicial" and "judicial" powers, fn. He supports Proposition U, but says that he and other small-scale landlords will be slow to benefit from it because the turnover rate is extremely low for rent-controlled apartments. The only court to consider that distinction has rejected it. Moreover, we note that Jersey Maid addressed an issue of first impression without discussing precedents from other jurisdictions, or the policy implications of its rule. LOCAL ELECTIONS: RENT CONTROL BOARD : Tenants' Slate Holds Upper Hand : Santa Monica: The fate of two competing rent control propositions, however, is still unclear. "I think it has long been a place where real grassroots activists do the less glamorous work that keeps our residents in the City. In a footnote to that statement, however, the court strongly suggested that a restitutive award such as is involved in this case would be within an administrative agency's constitutional authority: "We see a significant distinction between administrative awards of quantifiable damages for such items as back rent or back wages and awards for such nonquantifiable damages as pain and suffering or humiliation and embarrassment. D), (e) & (f); Food & Agr.

Indeed, some contain broad statements that in our view may well accord too little consideration to the "substantive limitations" principle discussed above. Two of the candidates--one from each slate--have had personal experience with the Ellis Act. See In re Opinion of the Justices, supra, 179 A. These decisions recognized -- as a limiting condition on administrative power -- what Professor Davis has later termed the "principle of check": "In the organic arrangements that we have been making in recent decades in the establishment and control of administrative agencies, the principle that has guided us is the principle of check, not the principle of separation of powers. Santa monica rent control board members.shaw. 746 S. 693; see, e. g., Nevada Indus. The substantial trend of authority extends administrative powers of adjudication to encompass the award of damages. ] Barbara Miller, 46, said she decided to run for the rent board after fighting off two eviction attempts by her landlord. A month later, on defendant's motion, the court modified its temporary stay order.

Santa Monica Rent Control Board Members.Shaw

Immigration & Naturalization Serv. "Before there was an opportunity for the court to pass on whether to stay temporarily the Board's rent withholding order, tenant Plevka immediately withheld rent, and continued to do so for three months thereafter. " Plaintiff suggests administrative authority under this statute is distinguishable from the present case because the FEHC -- at least when it exercises authority over employment relations -- is authorized by California Constitution, article XIV, section 1, to exercise judicial powers. Santa Monica voters to consider tighter rent control •. Niemann raised $1, 390 and spent $204. It is one thing to strike down a relatively isolated provision, quite another to demand widespread reform of entrenched institutional practice. 3d 902, 908-909 [251 Cal. Additionally, the court ordered the Board to stay operation of its administrative decision, "on the terms and conditions set forth in subparagraphs 'A' and 'B' above, pending the hearing of this order to show cause. We will hold, however, that imposition of treble damages is a power beyond the Board's authority.

"The dedication that he showed in showing up even though he was not an appointed board member, also that he has real life experience as far as having to go through the ebbs and flows of fighting with a landlord and knowing the steps that need to be taken, shows he has the passion and dedication that we need for commissioner, " said Commissioner Lesley. 3d 365] term on a licensee, and these cases do not foreclose the possibility that, under appropriate circumstances, an agency without licensing power should likewise be allowed to make such restitutive awards. 2d 620, we have found no California case addressing directly the authority of "nonconstitutional" agencies (ante, p. 355) to make restitutive money awards. The first is that other methods such as "imposition of fines or penalties, awards of costs and attorney fees" could be used to induce compliance with the rent control ordinance, and there is no reason to think these would be insufficient. Plaintiff's premise is that the "damages" which the Jersey Maid court found to be beyond the agency's powers were merely restitutive in nature (i. e., the difference between the minimum price and the actual price). 1]; Suckow v. Alderson (1920) 182 Cal. City of Industry v. Willey (1970) 11 Cal. Incidental to that legitimate primary purpose -- and "in order to produce an efficient and effective administrative enforcement of the public interest" (Opinion of the Justices, supra, 179 A. Some cases recognize and approve administrative exercise of "judicial-like" powers (see, e. g., People v. Sims (1982) 32 Cal. 2d 754, 761-762, quoted ante, fn. E. How Come There Isn't One Landlord on Santa Monica Rent Control Board. g., State v. Bergeron (1971) 290 Minn. 351 [187 N. 2d 680, 682-684] [state antidiscrimination commission has power to remedy illegal transfers of real property by compelling defendant to cancel a fraudulent transfer, and offer the property for sale to the person discriminated against]. ) Home||Special Reports||Archive||Links||The City||Commerce||About||Contacts||Editor||Send PR|. The Rent Control Board came into existence as a result of a vote of the people on April 10, 1979.

This summary statement constitutes the court's entire discourse on the issue. Eagleson, J., concurred. It stressed that such a power may constitutionally be delegated to an administrative agency (id., at p. 246). All of the foregoing sister-state decisions support an expansive view of constitutionally permissible administrative powers. See General Drivers, supra, 124 N. 127. If the director finds a processor has failed to pay a grower for his products, the director "may issue an order which suspends or revokes the processor's license or places such license under such probationary terms and conditions as may be necessary to obtain compliance with the provisions of this chapter by such licensee. " C. Guiding principles: substantive and procedural limitations on the remedial power of administrative agencies. Santa monica rent control board members. "Maybe by being less confrontational, landlords will come to the conclusion that apartments are still a good investment if they stay in it for the long haul, " he said. The majority complain that the tenant could withhold rent and resist an unlawful detainer action before the landlord had an opportunity to obtain judicial review. For the full-term seats, SMRR has endorsed incumbent Johnson, an apparel sales representative; Suzanne Abrescia, a child development specialist, and Lisa Monk Borrino, a tenant attorney. It is obviously not compensatory, but punitive. "B.... [Tenant] Plevka shall pay rent in the sum of... $470. 3d 205, 211, 214 [98 Cal. Deukmejian, supra, 48 Cal.

Santa Monica Rent Control Board Members

3d 383] The court concluded that because a statute directed that such matters be heard in court -- rather than before an administrative agency -- and because repossession actions in court were triable by jury at common law, the right to jury trial was preserved under the statute at issue. 2d 225 -- were discussed in the brief of amicus curiae for defendant, plaintiff [49 Cal. 3d 390] legitimate regulatory purpose of an administrative agency, punitive damages for violation of the regulatory scheme must be conceded to be reasonably necessary. McKee v. Bell-Carter Olive Co. (1986) 186 Cal. The Tennessee Supreme Court responded by noting that throughout most of the country, workers' compensation claims are determined by administrative agencies not involved in licensing, and which lack constitutional authority to exercise truly "judicial" powers (California, of course, is an exception; see Cal.

344, 346), the Board may review the rents actually charged, and order necessary adjustments to assure compliance with its price control regulations. "[A]rticle VI disposes of all judicial power not expressly disposed of elsewhere in the Constitution.... [A]lthough the Legislature retains the authority to grant a multitude of powers to local bodies pursuant to article XI, powers of a judicial nature are no longer at its disposal. " In Youst, supra, 43 Cal. Later, in Whitten, supra, 8 Cal.