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State High Court Rent Ruling Seen as Supportive of Santa Monica Law

January 20, 1985

A recent state Supreme Court ruling supporting the Berkeley Rent Stabilization Board seems "supportive" of the Santa Monica Rent Control Law, according to Howell Tumlin, administrator of the Santa Monica Rent Control Board.

"The general impression we got from the court's decision is one that is supportive of the powers that we have felt rent control boards legitimately have and must exercise in order to be effective," Tumlin said.

In the case, Fischer vs. the Berkeley Rent Stabilization Board, the court ruled that the rent control law did not violate federal antitrust laws by restraining fair trade. The court also found that Berkeley's fair rate of return formula was acceptable and that the board had the right to allow tenants to withhold rent if the landlord violated the law.

The court also found that Berkeley's fair rate of return formula was acceptable and that the board had the right to allow tenants to withhold rent if the landlord violated the law.

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