§ 1805

Citation: § 1805
Parent Document: Action Apartment Ass'n v. Santa Monica Rent Control Board, 114 Cal. Rptr. 2d 412 (2002)
Jurisdiction: California (state)
Effective Date: 2002-01-03
Original Source: https://www.courtlistener.com/opinion/2274225/action-apartment-assn-v-santa-m... ↗

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We agree with the Association that its members did not have to sustain “deep financial hardship” in order to challenge the 3 percent interest regulations. Our Supreme Court has made plain in other rent control cases that two tests determine the outcome of the Association’s takings claim: (1) whether the challenged regulation substantially advances a legitimate state interest; and (2) the impact of the regulation on the property owner, as determined by examining certain factors. (See Santa Monica Beach, supra, 19 Cal.4th at pp. 964, 967, 972; Kavanau, supra, 16 Cal.4th at pp. 774-776, 780-781.) Santa Monica Beach and Kavanau do not require “deep financial *617

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