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SMRR started in the 1970s as an advocacy group for renters, but has evolved into a political organization that has controlled every lever of power in Santa Monica for 42 years until 2020 when their grip on the City Council was loosened. Neither statute has faced a challenge based on the agency's constitutional authority to order such remedies, although our courts have affirmed administrative decisions imposing such damages. 690-697]; see also Coit Independence Joint Venture v. Santa monica rent control board election. Federal Savings & Loan Insurance Corp. (1989) 489 U. Fallon, supra, 101 915, 921. ) 38 We conclude, however, that the administrative orders in this case violated the "principle of check. The question arises whether, even assuming appropriate judicial review is assured, an administrative agency may constitutionally adjudicate restitutive money claims.

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III court' if it is to be heard by any court or agency of the United States. "] The Charter Amendment gives the Board power to promulgate pertinent regulations, and to hear and determine complaints of violations of the system as administered. 3d 387] further the agency's regulatory purposes, or are merely "incidental" to other equitable or restitutive relief. Santa monica rent control board members area. It expressly authorized Plevka (who remained in possession of the rental unit) to withhold $2, 797. Home||Special Reports||Archive||Links||The City||Commerce||About||Contacts||Editor||Send PR|.

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Licensing agencies, for example, typically possess implied legislative authorization to [i]mpose restitution as a condition of probation on a disciplined licensee. Based on his dealings with other tenants in his building, he says he believes most tenants are willing to pay a little more in rent to keep their apartments. Suzanne Abrescia, 40, has been involved in tenant organizing for several years and formed a support group three years for tenants like herself who were evicted under the Ellis Act. 2d 422, in which the Florida high court held unconstitutional, under the state judicial powers clause, the authority of a local human rights board to award "nonquantifiable" damages for "humiliation and embarrassment. " We reasoned that the board's powers, although broadly stated, were "regulatory in nature" and did not contemplate tort damages. 3d 370] "economic loss, " and "minor" or "incidental" damages for "emotional distress"]; see generally David v. Vesta Co., supra, 212 A. Under present procedures, the Board possesses the ability to make an order that, although not "final" or "self-enforcing" in the typical sense of those terms, is in fact immediately enforceable in a real sense at the discretion of a private party. 3d 364] of reparations is made is the practical equivalent of such power and, in fact, the most power which can constitutionally be afforded the Director in light of the decision in Jersey Maid.... Since the landlord may be faced with a judgment-proof opponent, they conclude that the landlord has not had adequate judicial review. 25 Oregon: Williams v. Joyce ( 1971) 479 P. 2d 513, 522 ["There is no constitutional impediment which bars the legislature from authorizing an administrative agency to award damages. They offer neither support for their proposed test, nor any compelling reason why our jury trial provision should be construed to preclude administrative adjudication of issues within the scope of an agency's regulatory authority. The court struck the penalty provision before it, however, because the law provided no standard by which the board was to impose penalties. Santa Monica voters to consider tighter rent control •. 10) Issue permits for removal of controlled rental units from rental housing market under Section 1803(t).

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Other courts have expressed the same concern in terms that suggest a requirement of actual judicial approval (as opposed to mere "availability" of judicial review) in each case. Some further understanding may be gleaned from the cases dealing with the remedial authority of administrative licensing agencies. "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 detailed procedure outlined by the statutes makes clear the Director's power is more than mere investigatory power without any procedural mechanism by which the person aggrieved can obtain relief.... " (186 at p. 1238, italics added. ) The court responded: "Our prior cases support administrative factfinding in only those situations involving 'public rights, ' e. g., where the Government is involved in its sovereign capacity fn. The Missouri court acknowledged that in exercising its authority the commission necessarily determined factual questions, and exercised discretion, and that it thereby "does exercise judicial functions. " Because Smith was no longer a tenant, the Board ordered simply that "Complainant Smith is entitled to total damages" of a specified amount. 58]; Thomas v. Union Carbide Agric. A defendant might reasonably suppose that he is complying with the antitrust laws, only to discover that he was mistaken initially or that the law has changed in the meantime.... " In the same vein, see Comment, Antitrust Enforcement by Private Parties: Analysis of Developments in the Treble Damage Suit (1952) 61 Yale L. 1010, 1062 ("private suits may create windfalls, for triple damage awards... shape recoveries in excess of actual loss"). We observe, however, that even under that approach, plaintiff was not entitled to a jury trial under article I, section 16 of the California Constitution. Our job is to determine whether the provision is constitutional, not if it is a good idea. "It was a non-starter for me if you didn't apply to serve the full four-year term, " Commissioner Caroline Torosis said. LOCAL ELECTIONS: RENT CONTROL BOARD : Tenants' Slate Holds Upper Hand : Santa Monica: The fate of two competing rent control propositions, however, is still unclear. "

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As the facts of the present case demonstrate, such a stay would normally be unnecessary. Indeed, some contain broad statements that in our view may well accord too little consideration to the "substantive limitations" principle discussed above. A treble damage award for violating administrative regulations does not endanger judicial hegemony over traditional common law actions. 22, 51 [76 L. How Come There Isn't One Landlord on Santa Monica Rent Control Board. 598, 612-613, 52 S. 285] [workers' compensation agency has authority to decide "a private right, that is, of the liability of one individual to another"]; see also Atlas Roofing Co. Occupational Safety Comm'n (1977) 430 U. Still other cases touch on the judicial powers clause in the course of discussing the proper procedure for judicial review of administrative decisions. Pursuant to that test, if the challenged activities (i. e., the remedy or damages award) "are authorized by statute or legislation, and are reasonably necessary to, and primarily directed at, effectuating the administrative agency's primary, legitimate regulatory purposes -- then the state constitution's jury trial provision does not operate to preclude administrative adjudication. " Abrescia considered a run for the board in 1988 but decided not to after other candidates whose views she shared entered the race.

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What is really at stake, however, is the landlord's ability to seek a stay of the Board's order pending judicial review. Footnote omitted. ]" That should be the end of the matter. Subsequently, other landlords were permitted to file a complaint in intervention. In Percy Kent Bag Co., supra, 632 S. W. 2d 480, the Missouri Supreme Court upheld, against a judicial powers challenge, the constitutionality of a statute that permitted a state antidiscrimination commission to exercise discretionary power to award backpay to complainant employees. Subsequently, in Pernell v. Southall Realty (1974) 416 U. 455 [51 at p. Santa monica rent control board members wordpress. 475], fn. 477-478]), and summarized as follows: "The point is that the Seventh Amendment was never intended to establish the jury as the exclusive mechanism for factfinding in civil cases. 619, 608 P. 2d 707]. As we explain below, however, we decline to apply Jersey Maid's holding to the challenged remedial powers in this case. 27 Florida: Laborers' Intern., L. 478 v. Burroughs ( 1987) 522 So. The Board shall consist of five (5) elected Commissioners. 6] In addition to the "restitutive" excess rent amounts, the Board assessed treble damages against portions of both tenants' excess rents. We may assume that the Seventh Amendment would not be a bar to a congressional effort to entrust landlord-tenant disputes, including those over the right to possession, to an administrative agency.... " (416 U.

The power to award "treble" damages. Mudd, however, did not address the judicial powers questions in issue here. "The Judicial power of this State is vested in a Court of Appeals, such intermediate courts of appeal as the General Assembly may create by law, Circuit Courts, Orphans' Courts, and a District Court. We note, however, that Grossblatt concerned judicial, not administrative, adjudication, and thus is not on point. Congress is not required by the Seventh Amendment to choke the already crowded federal courts with new types of litigation or prevented from committing some new types of litigation to administrative agencies with special competence in the relevant field. We too will carefully apply the "reasonable necessity/legitimate regulatory purpose" requirements in order to guard against unjustified delegation of authority to decide disputes that otherwise belong in the courts. 3d 1246]; State Insurance Commissioner v. National Bureau of Casualty Underwriters (1967) 248 Md.

"]; Laisne, supra, 19 Cal. 54 That provision states: "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of jury trial shall be preserved.... ". Of Optometry (1942) 19 Cal. 3d 327, 336 [220 Cal.

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