Palacio De Anza v. Palm Springs Rent Review Commission

Good Law
1989 Cal. App. LEXIS 316·209 Cal. App. 3d 116·257 Cal. Rptr. 121
Court of Appeal of CaliforniaMarch 3, 1989E004109California1,360 words

Opinion

Opinion

Campbell, J.

This case involves a dispute between the landlords of a Palm Springs apartment complex (Palacio) and the Palm Springs Rent Review Commission (Commission) concerning the proper application of Palm Springs’ initiative rent-control provisions to the rents to be charged at that apartment complex. The real parties in interest are the tenants of the apartment complex (Tenants).

Palacio appeals from a judgment of the trial court denying Palacio’s petition for a writ of mandate to compel the Commission to grant Palacio a hardship rent increase.

Facts

On April 8, 1980, the citizens of the City of Palm Springs adopted an initiative rent-control ordinance (Initiative Ordinance). In general terms, this Initiative Ordinance: (1) limited rent increases to rates of no more than three-fourths of the percentage increase in the Consumer Price Index (CPI) over any period of time in question; (2) prohibited rent increases from being imposed more frequently than once a year; (3) did not contain a “hardship increase” provision for landlords other than a provision which declared the ordinance to be nonapplicable to those rental properties as to which the initiative ordinance would operate in…

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