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Article: Landlords lose again as court sets new due process standard. (Rent Control).
- Article from:
- California Planning & Development Report
- Article date:
- March 1, 2001
CopyrightCOPYRIGHT 2001 California Planning & Development Report. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The California Supreme Court has dealt a setback to property rights advocates and outlined a new standard for proving that a government agency violated a property owner's federal due process rights. On a 5-2 decision, the court held that a landlord who is subject to a mobilehome rent control ordinance can receive compensation under the federal Civil Rights Act (42 U.S.C. [sections] 1983) only if the government deliberately flouts the law.
"[N]ot every government action that fails to measure up to the ideal of a fair and efficient rent control proceeding inflicts a constitutional injury. Only those government actions that amount to a deliberate flouting of the law ...