Opposed To Crossword Puzzle Clue: Santa Monica Rent Control Board Members.Iinet.Net

July 20, 2024, 4:16 am

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805, 520 P. 2d 29], italics in original. ) 3d 770, 781 [163 Cal. Applying the "substantive limitations" prong of the test set out ante, page 372, we conclude treble damages, although authorized by the Charter Amendment, may not constitutionally be imposed by the Board. 14) Seek injunctive and other civil relief under Section 1811. In Youst, supra, 43 Cal. January 17, 2023 -- In what is likely a first, Lonnie Guinn on Thursday became the fourth Commissioner initially appointed to the five member Santa Monica Rent Control Board. 365-371), might have been questioned in light of Jersey Maid itself, which involved a virtually identical licensing scheme. Their argument fails under the second prong of their test because, according to the very cases on which plaintiff interveners rely, the interests at issue here would be deemed "public" rights properly adjudicable by an administrative agency without a jury. 2d 817, 818 (restitution by electrical contractor), and Bus. Yet they provide no basis for distinguishing this case from others in which an immediately effective order is available. The Board issued its order in March, authorizing rent withholding for April, May and June. It is inextricably intertwined with the essential regulatory purpose of the Board -- to set and enforce stabilized rents. We agree with the approach of our sister states. 363 [40 L. 2d 198, 94 S. 1723], the high court considered a tenant's jury trial claim in a court action by a landlord to recover possession of real property.

City Of Santa Monica Rent Control Board

As was stated in Sunshine Anthracite Coal Co. Adkins [(1940) 310 U. Guinn -- who has lived with his husband in a Santa Monica rent-controlled unit for almost 14 years -- worked for 13 years for the City, nine of them for the Rent Board. Two of the candidates--one from each slate--have had personal experience with the Ellis Act. Additionally, courts have frequently approved the exercise by antidiscrimination commissions, and other boards, of broad remedial powers to issue injunctions, cease and desist orders, etc. 3d 356] executive, and judicial powers. 3d 389] statute and mere doubt does not afford sufficient reason for a judicial declaration of invalidity.

3d 365] term on a licensee, and these cases do not foreclose the possibility that, under appropriate circumstances, an agency without licensing power should likewise be allowed to make such restitutive awards. A defendant might reasonably suppose that he is complying with the antitrust laws, only to discover that he was mistaken initially or that the law has changed in the meantime.... " In the same vein, see Comment, Antitrust Enforcement by Private Parties: Analysis of Developments in the Treble Damage Suit (1952) 61 Yale L. 1010, 1062 ("private suits may create windfalls, for triple damage awards... shape recoveries in excess of actual loss"). In April 1979 the voters of the City of Santa Monica adopted by initiative a rent control ordinance to be administered by the Board. Rather than personalities, the campaign up to now has focused on the candidates' support or opposition to two ballot measures: Proposition U, backed by landlords, and Proposition W, which SMRR supports. LOCAL ELECTIONS: RENT CONTROL BOARD: Tenants' Slate Holds Upper Hand: Santa Monica: The fate of two competing rent control propositions, however, is still unclear. 2d 75, 81-85 [87 P. 2d 848]; Laisne v. Cal. It would give an unfair advantage for someone to fill my seat. 2d 475 [239 P. 2d 19], precludes the award of treble damages in this case. Had the CFTC case presented the agency's authority to adjudicate only the reparations claim, it appears that the parties' consent to the administrative forum would have been of little or no significance. Simonian, Madok and Jacobson have formed a loose alliance to challenge the SMRR slate. And that is what I love about it. The Board shall consist of five (5) elected Commissioners. 442 -- it seems clear that the high court would view the matters at issue in this case (a claim of excess rent and adjudication thereof under the ordinance) as involving "public rights, " and hence properly resolved by an administrative agency without a jury. 3d 927]; accord, State Human R. Com.

Santa Monica Rent Control Board Mar

In the decade since rent control was imposed in Santa Monica, no one has ever been elected or appointed to the city's Rent Control Board who was not associated with the powerful tenant political group Santa Monicans for Renters' Rights. Neither statute has faced a challenge based on the agency's constitutional authority to order such remedies, although our courts have affirmed administrative decisions imposing such damages. Right to a jury trial.
They do not question the general power of administrative agencies to impose penalties. Only Commissioner Daniel S. Ivanov, who was elected in November, was initially chosen by voters, and not board members. Cases dealing with administrative licensing agencies, however, suggest that such agencies may properly order reparations as a probationary condition of a licensee, and hence these cases shed some light on the issue posed here. In summary, we conclude that when, as here, a rent control board's adjudication of excess rent meets the substantive-limitations requirement imposed by our judicial powers clause, the Constitution's jury trial provision does not operate to preclude administrative adjudication. 682, 693 P. 2d 261]; Birkenfeld v. City of Berkeley (1976) 17 Cal. If the power of the commission established by the statute to regulate the relation is established, as we think it is, by what we have said, this objection amounts to little. 3d 363] without authority to require compensatory relief as a condition for reinstatement of licenses. See Stearns v. Fair Employment Practice Com. 2b] As noted above, the Board held hearings, heard testimony, and determined that plaintiff charged excess rents of $1, 068 to tenant Plevka, and $600.

Santa Monica Rent Control Board Members.Shaw.Ca

If the director finds a processor has failed to pay a grower for his products, the director "may issue an order which suspends or revokes the processor's license or places such license under such probationary terms and conditions as may be necessary to obtain compliance with the provisions of this chapter by such licensee. " See County of Alameda v. Board of Retirement (1988) 46 Cal. No landlord has ever been appointed to serve on the Rent Control Board even though rent control affects landlords as much as tenants. 3d 379] to induce compliance with their regulatory authority (e. g., imposition of fines or penalties, awards of costs and attorney fees), and there is no reason to believe that such options would be insufficient here. Lesley and Gonska, along with Ivanov, were elected to three open seats on the Board after facing no competition. Modern courts, however, have not rigidly construed these provisions. 50, 92 [73 L. 2d 598, 628, 102 S. 2858] ["[A] 'traditional' state common-law action, not made subject to a federal rule of decision, and related only peripherally to an adjudication of bankruptcy under federal law, must, absent the consent of the litigants, be heard by an 'Art. 8 Additionally, another provision in the same act formerly allowed the FEHC to award "actual... damages" for housing discrimination. Because Smith was no longer a tenant, the Board ordered simply that "Complainant Smith is entitled to total damages" of a specified amount. Our Constitution states: "Trial by jury is an inviolate right and shall be secured to all.... " We have long observed, "It is the right to trial by jury as it existed at common law which is preserved [by article I, section 16]. " Santa Monica City Charter, art. See Rody v. Hollis (1972) 81 Wn.

Access the agenda and zoom link here: In addition to Gonska, three other individuals presented applications to fill the vacancy at the Sept. 8 meeting. 3d 383] The court concluded that because a statute directed that such matters be heard in court -- rather than before an administrative agency -- and because repossession actions in court were triable by jury at common law, the right to jury trial was preserved under the statute at issue. If a decision is not appealed, the Commission must obtain a court order to enforce the Commission's order. ] 82), and we expressly declined to imply that the Board lacked "authority to require compensatory relief as a condition for reinstatement of licenses" (id. Franzaroli (1970) 357 Mass. 5 Responding to the contention that this provision improperly clothed the director with judicial power, we stated, "There can be no answer to this contention. We will conclude that administrative adjudication of excess rent claims under the Charter Amendment does not, in and of itself, violate the judicial powers clause. 303 [358 N. 2d 235, 241-243] [same]; State Commission for Human Rights v. Speer (1971) 29 N. Y.

Santa Monica Rent Control Board Members.Shaw

Yet troubled times forced the courts to recognize that the new administrative tools were essential to cope with new complexities. 10) Issue permits for removal of controlled rental units from rental housing market under Section 1803(t). 1 [81 L. 893, 57 S. 615, 108 A. Similarly, a commissioner of the Department of Food and Agriculture may issue a cease and desist order for improper handling or sale of pesticides, which is effective immediately. Pursuant to that test, if the challenged activities (i. e., the remedy or damages award) "are authorized by statute or legislation, and are reasonably necessary to, and primarily directed at, effectuating the administrative agency's primary, legitimate regulatory purposes -- then the state constitution's jury trial provision does not operate to preclude administrative adjudication. " Moreover, we note that Jersey Maid addressed an issue of first impression without discussing precedents from other jurisdictions, or the policy implications of its rule. Thomas, supra, 473 U. 6] In addition to the "restitutive" excess rent amounts, the Board assessed treble damages against portions of both tenants' excess rents.

"We don't have time for job training when we have threats" to rent control, said Ivanov. I, § 16) to the administrative award of damages, the majority adopts the substantive-limitations test earlier applied in the context of the judicial powers doctrine. "The Judicial power of this State is vested in a Court of Appeals, such intermediate courts of appeal as the General Assembly may create by law, Circuit Courts, Orphans' Courts, and a District Court. 12), unanimously hold that no jury trial right exists as to adjudication of a matter otherwise properly within the regulatory power of an administrative agency. "[A]rticle VI disposes of all judicial power not expressly disposed of elsewhere in the Constitution.... [A]lthough the Legislature retains the authority to grant a multitude of powers to local bodies pursuant to article XI, powers of a judicial nature are no longer at its disposal. "

2d 831, 834-845 [123 P. 2d 457] (but see id. The power to make "restitutive" money awards. Administrative agencies are frequently involved in the adjudication of disputes (Worker's Compensation, Unemployment Compensation, reparations before the Interstate Commerce Commission, and the like).... 460-461 [51 at p. 479], italics added. ) 3d 130, 138-144 [93 Cal. 2d 754, 761-762, 61 A. 442, 455, 460 [51 L. Ed. 15 As a practical matter, the administrative agency performs the same function in both instances: determining restitutive compensation, and ordering payment in furtherance of an underlying regulatory purpose.

6) Hire and pay necessary staff, including hearing examiners and personnel to issue orders, rules and regulations, conduct hearings and charge fees. For the full-term seats, SMRR has endorsed incumbent Johnson, an apparel sales representative; Suzanne Abrescia, a child development specialist, and Lisa Monk Borrino, a tenant attorney. Behind the "public rights" doctrine lies the idea that when a legislative body acts by statute to promote [49 Cal. 294, 729 P. 2d 728], and Dyna-Med, Inc. (1987) 43 Cal. 383 [40 at p. 213]. ) They hold the availability of judicial review of administrative decisions is sufficient to satisfy the "principle of check. " We will also conclude that, on the facts of this case, the Board's order, which authorizes immediate rent withholding, violates the judicial powers clause. 2d 620, we have found no California case addressing directly the authority of "nonconstitutional" agencies (ante, p. 355) to make restitutive money awards. In March, the Rent Board proposed changes to the City Charter that would, among other things, increase term limits for Board members from two to three full terms to fall in line with local, county and state laws ("Proposed Charter Amendment Requires All Units to Register with Rent Board, " March 16, 2022).

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