Searle

In this case we uphold the provision of a rent control ordinance which precludes unregistered landlords and their successors from recapturing, upon later registration, annual rent increases lost by prior nonregistration. Such a provision does not violate the Constitution or any statute when the ordinance also provides that any landlord can, upon registration, petition for an individual rent adjustment and obtain a fair return on investment.

Dagmar and John Searle and Eleanor Swift (Landlords) appeal from a judgment denying a peremptory writ of mandamus and affirming the decision of the Berkeley Rent Stabilization Board (Board) that they are not entitled to annual general rent adjustments forfeited by their unregistered predecessor in interest. We affirm.

Facts

The Rent Stabilization and Eviction for Good Cause Ordinance passed by Berkeley voters in 1980 provides for annual general rent adjustments (AGA’s), as approved by the Board, based on citywide average increases in operating costs, which are available to all complying landlords (§ 11). The ordinance also provides for individual rent adjustments (IRA’s) available by the petition of a landlord based upon a…