Borten v. Santa Monica Rent Control Board

ROTHSCHILD, J., Concurring.

I write separately because my reasons for rejecting Borten’s arguments differ from the majority’s. In my view, Borten’s due process challenge fails because the application of the anti-eviction provisions to nonresident renters is rationally related to a legitimate government purpose.

First, Borten errs when she assumes that in order to survive due process review, the anti-eviction provisions must be rationally related to the stated purpose of the rent control law (i.e., providing affordable housing for residents). Under rational basis review, all that is required is…