McHugh v. Santa Monica Rent Control Bd. We note, however, that Grossblatt concerned judicial, not administrative, adjudication, and thus is not on point. "There may be some confusion out there among tenants about the ballot measures, but I believe they realize that SMRR is still their best bet to protect affordable housing and tenants' interests on the board, " said Jay Johnson, an SMRR member who was appointed to the board earlier this year and is now seeking election to a full four-year term. With the exception of Jersey Maid -- which, for the reasons discussed above, we do not believe should be viewed as controlling -- our prior cases do not conflict with the approach taken by our sister states, and indeed they recognize the constitutional necessity of the "principle of check. " Later, in Whitten, supra, 8 Cal. 303 [358 N. 2d 235, 241-243] [same]; State Commission for Human Rights v. Speer (1971) 29 N. Y. The court stated, "The Amendment... " (301 U. ) The majority complain that the tenant could withhold rent and resist an unlawful detainer action before the landlord had an opportunity to obtain judicial review. "[A]rticle VI disposes of all judicial power not expressly disposed of elsewhere in the Constitution.... [A]lthough the Legislature retains the authority to grant a multitude of powers to local bodies pursuant to article XI, powers of a judicial nature are no longer at its disposal. " Finally, we will continue to apply the "principle of check" in order to reserve to the courts the "true" judicial power.
With these two principles in mind, we review the decisions of our sister states. We review below the merit, scope, and propriety of our sister states' substantive limitations on administrative remedial power. XIV, § 4), and yet such schemes "have almost universally been held constitutional. " I do not agree that the portion of the Santa Monica Rent Control Ordinance, which permits the rent control board (Board) to order a landlord who has overcharged to pay damages of three times the overcharge, violates this standard. 25 Oregon: Williams v. Joyce ( 1971) 479 P. 2d 513, 522 ["There is no constitutional impediment which bars the legislature from authorizing an administrative agency to award damages. 1 [81 L. 893, 57 S. 615, 108 A. We start with the premise that legislative action is reasonable and constitutional.
E. g., State v. Bergeron (1971) 290 Minn. 351 [187 N. 2d 680, 682-684] [state antidiscrimination commission has power to remedy illegal transfers of real property by compelling defendant to cancel a fraudulent transfer, and offer the property for sale to the person discriminated against]. ) In Youst, supra, 43 Cal. Similarly, a commissioner of the Department of Food and Agriculture may issue a cease and desist order for improper handling or sale of pesticides, which is effective immediately. And that is what I love about it. We will also conclude that, on the facts of this case, the Board's order, which authorizes immediate rent withholding, violates the judicial powers clause. The tenant is compensated for the rent overcharge when the Board orders the payment of damages in the amount of the rent overcharge. City of Berkeley v. Superior Court (1980) 26 Cal.
This judicial encroachment on the legislative sphere will be a violation of the doctrine of separation of powers; what the Santa Monica ordinance authorized is not. 344, 346), the Board may review the rents actually charged, and order necessary adjustments to assure compliance with its price control regulations. Ensuring rental-property owners a fair return. Thus, for example, a regional water quality control board may issue a cease and desist order against a party discharging or threatening to discharge prohibited waste. To accomplish its purposes judicial powers may be necessarily exerted. But they must concern matters of an executive character. The proceeding is one unknown at common law. Plaintiff asserts the director's power held unconstitutional in Jersey Maid is indistinguishable from the Board's authority to determine excess rents and order reparations under section 1809, subdivision (b). The Seventh Amendment is no bar to the creation of new rights or to their enforcement outside the regular courts of law. Responsibilities, Jurisdiction, and Authority. We note, however, that the act prohibited distributors from dealing in fluid milk or cream without first having obtained a license from the director, and that the director was charged with the responsibility of issuing, suspending, and revoking licenses to milk distributors. Plaintiff suggests administrative authority under this statute is distinguishable from the present case because the FEHC -- at least when it exercises authority over employment relations -- is authorized by California Constitution, article XIV, section 1, to exercise judicial powers.
These are proper considerations for legislating, not judging. The court relied on Broward County v. La Rosa (Fla. 1987) 505 So. People v. One 1941 Chevrolet Coupe (1951) 37 Cal. Ii) Procedural limitations on the remedial powers of administrative agencies.
Opinion by Lucas, C. J., with Mosk, [49 Cal. 442 -- it seems clear that the high court would view the matters at issue in this case (a claim of excess rent and adjudication thereof under the ordinance) as involving "public rights, " and hence properly resolved by an administrative agency without a jury. Neither plaintiff, nor the amicus curiae and interveners appearing on her behalf, offer a compelling reason to reach a different conclusion under our own constitutional provision. Phillis, who was first elected in 2014 did not give a reason for her departure, but Board Chair Anastasia Foster wished her well on the move to "a new neighborhood and region" in the "heart of LA. Kurt Gonska was unanimously appointed as an interim commissioner of the Rent Control Board last week to fill the spot left vacant in August when Board Member Naomi Sultan resigned her post after moving out of the city. In a footnote to that statement, however, the court strongly suggested that a restitutive award such as is involved in this case would be within an administrative agency's constitutional authority: "We see a significant distinction between administrative awards of quantifiable damages for such items as back rent or back wages and awards for such nonquantifiable damages as pain and suffering or humiliation and embarrassment. 54 That provision states: "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of jury trial shall be preserved.... ". The board was established by local government to "comprehensively regulate the apartment rental business. "
We will conclude that administrative adjudication of excess rent claims under the Charter Amendment does not, in and of itself, violate the judicial powers clause. "Maybe by being less confrontational, landlords will come to the conclusion that apartments are still a good investment if they stay in it for the long haul, " he said. The new law retained the alternative court/administrative enforcement scheme and rent withholding remedy, but altered the provisions for monetary recovery in excess of the amount of overpaid rent. Following are brief backgrounds on each of the candidates, in the same order as on the ballot: Jay P. Johnson, 47, was appointed to the rent board to replace Julie Lopez Dad in March as a compromise candidate after a split board could not agree on several other candidates. A separate election to fill the last two years of an unexpired term has drawn two candidates. On the other hand, our prior licensing cases have accepted without constitutional debate the authority of licensing agencies to impose a restitutive award as a probationary [49 Cal. New York St. D. of H. (1974) 35 N. 2d 143 [359 N. 2d 25, 316 N. 2d 318, 319-320] [same]; State by Johnson v. Porter Farms, Inc. ( 1986) 382 N. 2d 543, 550-551 [affirming and revising administrative award of compensatory, emotional distress, and punitive damages, as well as attorney fees); Hall v. Gus Const. In Percy Kent Bag Co., supra, 632 S. W. 2d 480, the Missouri Supreme Court upheld, against a judicial powers challenge, the constitutionality of a statute that permitted a state antidiscrimination commission to exercise discretionary power to award backpay to complainant employees. Although the majority have no desire to do so, their opinion casts into doubt whether administrative agencies may ever order any act to be done before judicial review or a stay is available. The proposed changes to the city's longstanding rent control law will appear as separate charter amendments on the Nov. 8 ballot. G)), from the superior court. 196] [license conditionally revoked; licensee subject to 300-day suspension on condition it make restitution]), and we have referred to the exercise of such power with apparent approval. We conclude, however, that the veritable tidal wave of decisions against plaintiff's view cannot be ignored, and that our sister states' decisions on this issue suggest a workable solution to the constitutional problem posed here.
Considering the court's statements in Block v. 363 -- and the characterization of those cases in Atlas Roofing, supra, 430 U. A) ["The decision shall become effective 30 days after it is delivered or mailed to respondent unless... a stay of execution is granted. Administrative Mandamus ( 1966) § 10. '"]; Wisconsin: General Drivers & Helpers U., supra, 124 N. 2d 123, 127 [state employee relations board's order of money damages to cover backpay and vacation pay does not constitute the exercise of "'judicial powers within the meaning of the Constitution'"]; fn. To this end, the Legislature enacted a detailed plan that, inter alia, allowed the Director of Agriculture to establish minimum prices for milk in order to promote quality in the industry and protect the public. "We don't have time for job training when we have threats" to rent control, said Ivanov. The opinion concluded that exercise of such power does not violate the "structural interests" that inform the judicial powers clause.