Alpha Epsilon Phi Tau Chapter Housing Ass'n v. City of Berkeley

The Berkeley Rent Stabilization Board wears two hats. In addition to performing executive functions such as setting rents and managing its budget, the Board serves in a quasi-judicial capacity. In this latter role, the Board adjudicates matters including whether landlords are covered by the local rent control ordinance and, hence, must pay registration fees (and possible penalties) into its coffers. The appellant, Alpha Epsilon Phi (AEP), contends that this dual responsibility violates due process. We hold that it does not.

I. FACTS and PROCEDURAL HISTORY

The Berkeley Rent Stabilization Board is the creature and administrator of Berkeley’s rent control ordinance. See The Rent Stabilization Act and Eviction for Good Cause Ordinance, B.M.C. § 13.76. Composed of nine members, the Board performs two primary categories of duties. In its executive capacity, the Board controls the rents that landlords may charge for properties subject to the ordinance, which covers all residential rental properties that do not fall under one of ten categorical exceptions, see B.M.C. § 13.76.050. This jurisdiction extends to approximately 18,500 units, varying slightly since 1988 from a low of…