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He was involved in bringing rent control to Santa Monica in 1979 even though he was living in Venice at the time. Though the old rubrics prohibiting delegation are still occasionally repeated, they no longer shape decision. Santa monica rent control board members.iinet.net. " Under section 1810, any violation of the Charter Amendment by a landlord constitutes a misdemeanor punishable by a fine of not more than $500 or imprisonment for not more than six months in county jail, or both. Other courts have rejected broad attacks on administrative power to award monetary damages, but have not addressed expressly the constitutional issue posed here.
Santa Monica Rent Control Board Members.Iinet.Net
Commissioners also expressed appreciation of the dedication Gonska has shown to rent control issues, even without being on the board. It may be, as plaintiff suggests, that the court considered an award of "damages" of any kind to be beyond the board's powers. Thus, for example, a regional water quality control board may issue a cease and desist order against a party discharging or threatening to discharge prohibited waste. This is the case even if the Seventh Amendment would have required a jury where the adjudication of those rights is assigned to a federal court of law instead of an administrative agency. Given this fact, we decline to treat Jersey Maid with the same deference we would normally accord an earlier opinion under the doctrine of stare decisis. Kurt Gonska appointed to fill vacant Rent Control Board seat. Ii) The "principle of check". That should be the end of the matter. 366, 368, 372, 374. ) In such a case, restitution or recovery of filing fees "shall be the exclusive remedies. Along with Gonska, the likely RCB members this fall will be Ericka Lesley, an incumbent appointed to the board following another vacancy this summer, and Daniel S. Ivanov, an attorney and first-time RCB candidate.
It also modified provision "B, " absolving tenant Plevka of responsibility to place in trust the withheld rents of April, May, and June, and ordering instead that he begin in July to place rents in the trust account. 3d 363] without authority to require compensatory relief as a condition for reinstatement of licenses. 442, 460 [51 L. 2d 464, 478]. I fear that this opinion unwittingly will call into question the legitimacy of administrative action which is widespread and necessary for the protection of the public. In 1984 the Charter Amendment was revised. Ensuring rental-property owners a fair return. E. g., State v. Bergeron (1971) 290 Minn. 351 [187 N. 2d 680, 682-684] [state antidiscrimination commission has power to remedy illegal transfers of real property by compelling defendant to cancel a fraudulent transfer, and offer the property for sale to the person discriminated against]. Santa monica rent control board members wordpress. ) In conclusion, although we acknowledge the constitutional importance of ensuring judicial review of administrative determinations, our prior cases do not stand for the proposition that an administrative agency may exercise all manner of "judicial-like" power on the simple condition that judicial review of the administrative decision remains available. 161, 771 P. 2d 1247]. ) Retired Associate Justice of the Supreme Court sitting under assignment by the Chairperson of the Judicial Council. 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. 2d 282, 285-287]; Department of Natural Resources v. Linchester Sand & G. (1975) 274 Md. But they must concern matters of an executive character. 10] The "public" versus "private" rights distinction is drawn not from California jurisprudence, but from the federal cases addressing similar issues under, inter alia, the Seventh Amendment of the federal Constitution.
No landlord has ever been appointed to serve on the Rent Control Board even though rent control affects landlords as much as tenants. "We have to protect the rental housing stock, " he said. Santa monica rent control board members.shaw.ca. At least nine states, all of which have constitutional provisions substantially identical to California Constitution, article VI, section 1, have considered the propriety of administrative adjudication of restitutive and compensatory "damages. " "People have told me I can't win without the SMRR endorsement, but I'll give it my best shot, " said Barbara Miller, a tenant who is running an independent campaign after failing to receive the organization's endorsement. Only Commissioner Daniel S. Ivanov, who was elected in November, was initially chosen by voters, and not board members.
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Miller, supra, 21 Cal. 8), and the authority of licensing agencies to adjudicate and conditionally order restitution (ante, pp. 2d 620, we have found no California case addressing directly the authority of "nonconstitutional" agencies (ante, p. 355) to make restitutive money awards. At the time this case arose (see post, fn. Subsequently the court has made clear that its public rights doctrine does not require participation by the government as a party of record in the administrative litigation. 2d 475, 484-486, concluded the action was tantamount to a common law action for debt, for which the common law recognized a jury trial as a matter of right. 10) Issue permits for removal of controlled rental units from rental housing market under Section 1803(t). Santa Monica voters to consider tighter rent control •. Furthermore, even a stay which is sought after the effective date of an order may undo the order and require remedial action pending judicial review. Plaintiff's petition sought to compel the Board to set aside its decision on the ground that administrative adjudication of "excess rents" under former section 1809, subdivision (b), violates, inter alia, the judicial powers clause of the California Constitution. In addition to Gonska, three other individuals presented applications to fill the vacancy at the Sept. 8 meeting.
135].... " (Thomas, supra, 473 U. With the following considerations and concerns in mind, we, like our sister states, conclude that administrative adjudication and awarding of restitution does not offend our Constitution's judicial powers clause when these substantive and procedural limitations are respected. See Stearns v. Fair Employment Practice Com. 3d 303, 308 [186 Cal. How Come There Isn't One Landlord on Santa Monica Rent Control Board. Preliminarily, we note that some United States Supreme Court cases address, in the context of article III of the federal Constitution, issues similar to those posed here. 08, calculated as follows: $1, 411.
The narrow holding of this case is only that the Board's order was unconstitutional because it did not allow the landlord sufficient time to seek [49 Cal. 3d 902, 908-909 [251 Cal. Code, § 11503 (providing for "[a] hearing to determine whether a... license... should be revoked, suspended, limited or conditioned"). The substantial trend of authority extends administrative powers of adjudication to encompass the award of damages. ] 1352], the court held the Seventh Amendment does not apply in an administrative action before the National Labor Relations Board involving an employee's backpay claim against his employer. A. California cases. VII of the Wisconsin Constitution which vests judicial power in the courts. Nor do I agree that a Board order that is effective immediately so inhibits effective judicial review as to make the order unconstitutional. The court struck the penalty provision before it, however, because the law provided no standard by which the board was to impose penalties. 3d 1379, we construed a provision of the Fair Employment and Housing Act authorizing remedies including "backpay" for employees discriminated against by their employers.
50 [7b] That approach, however, does not resolve plaintiff interveners' claim that adjudication of a dispute between private parties in an administrative forum is impermissible because a jury trial is unavailable. 135, the court stated that decision "stands for the principle that the Seventh Amendment is generally inapplicable in administrative proceedings, where jury trials would be incompatible with the whole concept of administrative adjudication. 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. " The challenged powers exercised by the Board in this case are of two distinct kinds: (i) the power to adjudicate "excess rent" claims, and (ii) the power to award treble damages. See, e. g., County Coun., Montgomery Cty. Antidiscrimination commission may award monetary damages for "mental distress"); Batavia Lodge No. Although the board did not have the authority to set rents, it was given the power to regulate and adjudicate all manner of landlord-tenant relations and disputes concerning "defective tenancies, " and to make various remedial orders to enforce its regulations and decisions. In Hess v. Fair Employment & Housing Com., supra, 138 Cal. The court reasoned: "The mere fact that the Commission is involved in adjudication does not in itself render the statute unconstitutional as a usurpation of judicial power. The result in McKee, although consistent with the modern trend throughout the nation (see post, pp. A month later, on defendant's motion, the court modified its temporary stay order.
No citation of authority is necessary to support the same. 2d 754, 761-762, 61 A. The Tennessee Supreme Court responded by noting that throughout most of the country, workers' compensation claims are determined by administrative agencies not involved in licensing, and which lack constitutional authority to exercise truly "judicial" powers (California, of course, is an exception; see Cal. In addition, we rejected broad challenges (asserting violations of both the "judicial powers" and "legislative powers" clauses (Cal. We specifically rejected numerous attacks grounded on the notion that the act unconstitutionally conferred legislative power on the director, by allowing him to decide whether to set minimum prices, and to fix such prices. 854 [92 at p. 695]. )
'"]; Wisconsin: General Drivers & Helpers U., supra, 124 N. 2d 123, 127 [state employee relations board's order of money damages to cover backpay and vacation pay does not constitute the exercise of "'judicial powers within the meaning of the Constitution'"]; fn. 2d 384, 402-403 [184 P. 2d 323]; Cal. Plaintiff's premise is that the "damages" which the Jersey Maid court found to be beyond the agency's powers were merely restitutive in nature (i. e., the difference between the minimum price and the actual price). 3d 360] one statute that authorizes similar administrative relief. "We don't have time for job training when we have threats" to rent control, said Ivanov. Deukmejian, supra, 48 Cal. Our constitutional provision confining "judicial powers" to the courts (Cal. VI, § 1, IV, § 1)), to the director's authority to employ "judicial power... in that he is empowered to hold hearings at which evidence is produced and findings of fact are made by him. 186 at p. 1236, citing Food & Agr. Such adjudication would (i) not reasonably effectuate the Board's regulatory purposes -- ensuring enforcement of rent levels -- and (ii) it would shift the Board's primary purpose from one of ensuring the enforcement of [49 Cal.