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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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(1921) 256 U.S. 170 [65 L.Ed. 877, 41 S.Ct. 465], rejected due process objections under the Fourteenth Amendment to New York State statutes enacted in 1920 to deal with a grave housing shortage resulting from the cessation of building activities incident to World War I. The statutes provided in effect that during a period of approximately two years tenants should be immune from eviction if they paid a reasonable rent to be determined by the courts and were not “objectionable” and if the landlord did not seek to repossess the premises for personal use or demolition. Similar congressional legislation for the District of Columbia under which the rental owed by a tenant remained the same unless modified by a rent commission was upheld as against due process objections in Block v. Hirsh, supra, 256 U.S. 135. However, in Chastleton Corp. v. Sinclair