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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Birkenfeld v. City of Berkeley, 550 P.2d 1001 (1976)

Citation
Birkenfeld v. City of Berkeley, 550 P.2d 1001 (1976)
Parent Document
Birkenfeld v. City of Berkeley, 550 P.2d 1001 (1976)
Jurisdiction
California (state)
Effective Date
1976-06-16

Other Sections in This Document (374)

Full Text

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We have thus far concluded (1) that in the absence of conflicting or preemptive state law the defendant city’s police power within its territorial limits is as broad as the police power exercisable by the Legislature and (2) that general state law does not preclude the defendant city from imposing maximum limits on residential rents within its territory or from restricting the grounds for evicting tenants for the purpose of enforcing those limits insofar as such control of rents and evictions is a proper exercise of the police power. We now consider whether defendant could rightfully exercise its police power in this manner under the circumstances established by the record.