Westminster : Supreme Court Upholds Rent Control Ruling

The state Supreme Court Wednesday upheld a lower court ruling against a revoked mobile home rent control ordinance, but an attorney for a group of tenants who want to have the law reinstated said he will launch a signature-gathering effort aimed at placing a rent-control initiative before the voters.

The court voted 4 to 1, with Chief Justice Rose Elizabeth Bird dissenting, to uphold an appellate court decision that declared the ordinance unconstitutional. The ordinance was passed in 1981, but the City Council revoked it in March before the appellate court decision. The Supreme Court also ruled that the case can not be used as precedent in other rent-control cases.

Attorney Richard Farnell said he would meet with tenant representatives to map out a strategy for the initiative effort but was unsure which election they would aim for. However, County Registrar of Voters Al Olson said it would be impossible for any initiative to meet the deadline for the Nov. 5 election, which is Aug. 9. The date for the earliest possible ballot is April 8. To place the initiative on the ballot, backers must have more than 10% of registered voters in the city sign the petition.

Westminster City Atty. Paul Morgan was not available for comment. However, Councilman Charles Smith praised the Supreme Court decision. He also said he does not believe the city will initiate any further rent-control action.

“I feel the free enterprise system should be allowed to prevail here,” he said. “I don’t think the city should be the referee between tenants and owners.”

The ordinance required arbitration in cases of proposed rent increases where a majority of tenants objected. The Court of Appeal ruled that the city had improperly delegated its authority to an arbitrator and that the process amounted to an excessive delay.