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

WHITE, Associate Justice, Retired:

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…