Floystrup

This appeal presents yet another attack on the constitutionality of the Berkeley Rent Stabilization and Eviction for Good Cause Ordinance (Ordinance). Appellants (landlords), owners of apartment units in Berkeley, claim that the provisions of the Ordinance allowing tenants to withhold rent because of landlords’ failure to register 1 are unconstitutional on their face and as applied. McHugh v. Santa Monica Rent Control Bd. (1989) 49 Cal.3d 348 [ 261 Cal.Rptr. 318 , 777 P.2d 91 ], a recently decided Supreme Court case, supports landlords’ position and mandates reversal.

I. Background Facts

The Ordinance, passed by the Berkeley voters on June 3, 1980, set up a strict scheme regulating increase of rents and eviction of tenants. The Ordinance designated the rent paid on May 31, 1980, as the base rent ceiling upon which future rent adjustments must be calculated. (§§ 13.76.100, 13.76.110, 13.76.120.) The Ordinance required that the landlord register covered rental units by filing an initial registration statement by September 1, 1980, and by paying an annual registration fee. The registration statement must be subscribed under penalty of perjury and includes numerous…

Facts

As I read the record the facts in this case are these. On September 1, 1980, the Berkeley rent ordinance took effect. Prior to that date the Floystrups deposited registration fees for their rental units as imposed under the ordinance into an escrow and submitted registration forms minus the required rental rate histories. In May of 1981 the City of Berkely Rent Stabilization Board (Board) brought an action for civil penalties and injunctive relief to compel the Floystrups to comply with the registration requirements of the ordinance. After a hearing on the preliminary injunction the trial court on June 17, 1981, ordered the Floystrups to pay the required registration fees, exclusive of penalties and interest, but expressly reserved ruling on the issue of whether or not the Floystrups’ Fifth Amendment right to avoid self-incrimination shielded them from providing the rental rate histories required by the ordinance.

In March 1982 the parties entered into the following stipulation: “that defendants [Floystrups] will pay the required registration fees due as of the date of this Stipulation under the provisions of [the ordinance], but no penalties, within twenty (20) days of…

Mark Goldowitz for Real Parties in Interest.

OPINION

ANDERSON, P.J.

This appeal presents yet another attack on the constitutionality of the Berkeley Rent Stabilization and Eviction for Good Cause Ordinance (Ordinance). Appellants (landlords), owners of apartment units in Berkeley, claim that the provisions of the Ordinance allowing tenants to withhold rent because of landlords' failure to register [1] are unconstitutional on their face and as applied. McHugh v. Santa Monica Rent Control Bd. (1989) 49 Cal.3d 348 [ 261 Cal. Rptr. 318 , 777 P.2d 91 ], a recently decided Supreme Court case, supports landlords' position and mandates reversal.

The Ordinance, passed by the Berkeley voters on June 3, 1980, set up a strict scheme regulating increase of rents and eviction of tenants. The Ordinance designated the rent paid on May 31, 1980, as the base rent ceiling upon which future rent adjustments must be calculated. (§§ 13.76.100, 13.76.110, 13.76.120.) The Ordinance required that the landlord register covered rental units by filing an initial registration statement by September 1, 1980, and by paying an annual registration fee. The registration statement must be subscribed under…