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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Pennell v. City of San Jose, 485 U.S. 1 (1988)

Citation
Pennell v. City of San Jose, 485 U.S. 1 (1988)
Parent Document
Pennell v. City of San Jose, 485 U.S. 1 (1988)
Effective Date
1988-02-24

Other Sections in This Document (112)

Full Text

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Appellants do not contest the validity of rent regulation in general. They acknowledge that the city may constitutionally set a "reasonable rent" according to the statutory minimum and the six other factors that must be considered by the hearing officer (cost of debt servicing, rental history of the unit, physical condition of the unit, changes in housing services, *21 other financial information provided by the landlord, and market value rents for similar units). San Jose Municipal Ordinance 19696, § 5703.28(c) (1979). Appellants' only claim is that a reduction of a rent increase below what would otherwise be a "reasonable rent" under this scheme may not, consistently with the Constitution, be based on consideration of the seventh factor — the hardship to the tenant as defined in § 5703.29. I think they are right.