First Hearing Set in Measure H Rent Control Lawsuit

Superior Court Judge Mary H. Strobel has set a “trial setting conference” in a lawsuit filed by a landlords group hoping to stop a local rent control measure.

Lawyers for the City and the California Apartment Association have been ordered to appear at 1:30 p.m. on March 30, in Department 82 of the Stanley  Mosk Courthouse, 111 North Hill Street, in Los Angeles, for a Trial Setting Conference in the Measure H lawsuit.

At a trial setting hearing, the judge usually sets preliminary trial dates if the matter has not been resolved. 

Measure H would roll back rents to May 2021 levels at some buildings and establish a rental board made up of a supermajority of tenants.

The law went into effect on Dec. 22 after voters approved it in the November election. 

The California Apartment Association (CAA) and several property owners are suing the City and the City Council for declaratory and injunctive relief. 

But the two sides could appear in court before that.

On Monday, Pasadena Now reported that the CAA hopes to slow down the implementation of the law with an injunction. 

“The rent control initiative adopted by Pasadena voters in the November election took effect today,  Thursday, Dec. 22, 2022, however, the California Apartment Association has filed a lawsuit challenging the measure and will seek an injunction to stall its full implementation while the case is litigated, the CAA posted on its website.

“Even if the court does not allow for an injunction, it will take time for the measure to be fully implemented. Several key provisions, however, are triggered by the measure taking effect. Most notable is the rollback back of rents to 2021 levels for units subject to the rent restrictions, and the application of strict eviction protections.”

The lawsuit alleges that the measure, which was placed on the ballot as an amendment to the city’s charter, nearly doubles the length of the charter and effectively restructures the city government with the creation of an independent rent board. 

The CAA lawsuit claims the measure fundamentally changes the city charter and is a “charter revision.”  Under the state constitution, charter revisions can only be put forward by the city council or a charter review commission.

The lawsuit claims that several provisions of the new law itself are illegal, including a relocation assistance requirement that would apply to units exempt from local rent control.

The lawsuit also says Measure H removes power from city councilmembers, who have the authority to appoint and remove local commissioners. Under Measure H, the City Council could only appoint members to the rental board, but could not remove them. 

If successful, the lawsuit could result in Measure H being declared wholly invalid, though the court also could strike just portions of the measure found to result in a charter revision.

The filing of the lawsuit does not, in and of itself, stop the new law from taking effect, but if CAA’s request for a preliminary injunction is granted that would stall some or all of the law from being implemented while the court considers CAA’s challenge.

The City Council is scheduled to receive information on Measure H at a meeting in January.