Kavanau v. Santa Monica Rent Control Board, 16 Cal. 4th 761 (1997)

Citation: Kavanau v. Santa Monica Rent Control Board, 16 Cal. 4th 761 (1997)
Parent Document: Kavanau v. Santa Monica Rent Control Board, 16 Cal. 4th 761 (1997)
Jurisdiction: California (state)
Effective Date: 1997-08-26
Original Source: https://www.courtlistener.com/opinion/5607899/kavanau-v-santa-monica-rent-con... ↗

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There can be no dispute over the fact that rent control is a taking for public use or common good. Rent control is constitutionally permissible precisely because it is perceived as a means by which the adverse impact on the public of a housing shortage may be cured or mitigated. (Birkenfeld v. City of Berkeley (1976) 17 Cal.3d 129, 160 [130 Cal.Rptr. 465, 550 P.2d 1001].) “[A] primary purpose of rent control is the protection of tenants.” (Pennell v. San Jose, supra, 485 U.S. at p. 13. [108 S.Ct. at p. 858].) It follows that when a rent ceiling is confiscatory the owner’s right to use the property in an economically beneficial way “is being pressed into some form of public service under the guise of mitigating serious public harm.” (Lucas v. South Carolina Coastal Council, supra, 505 U.S. at p. 1018 [112 S.Ct. at p. 2895].)

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