Floystrup v. City of Berkeley Rent Stabilization Board

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 register1 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.…