WEEK 2 JOURNAL
The Rent Stabilization Board controls rent ceilings to regulate the increase of rent in the city of Berkley and prevent the unwarranted increase. I agree with the court ruling to uphold the rent control ordinance because it helps prevent hiking of prices due to landlord competitions. The mandate ensures that landlords comply with the legal obligation regarding rental houses, such as avoid discriminatory practices, retaliatory evictions, and maintain the diversity of Berkley communities. The Berkeley Ordinance does not violate the federal Anti-trust laws because illegal and unreasonable acts make it lawful. The Sherman Act allows free and unfettered competitions among traders, but still, they should adhere to the controlled rent ceilings (Dunning, 1986). Sometimes competition becomes toxic, and the consumers are unlawfully exploited. The Federal Acts prohibitions unfair conducts of competition, making the ordinance per the Anti-trust laws. Rent control ceiling lacks concerted action that can lead to being declared a violation of anti-trust laws.
The ordinance presented by the defendants is deemed facially constitutional because it complies with the federal and state process clauses. The landlord can return their investment based on the rent control ordinance as they are allowed to increase prices proportional to the cost of the property (Dunning, 1986). It does not mean that the tenants should be violated to attain that aim immediately but provides for prompt adjustments to those seeking rent increase. It was also concluded that rent withholding provisions did not violate landlord rights nor the provisions forestalled by the general government laws. The ordinance was also deemed valid by the supreme court as no conflict was found between the ordinance and the first and second Sherman Acts.
In my case, I do not feel violated by this ordinance as it ensures that tenant rights are protected. Most of the citizens live under leased properties, which are led to an uncontrolled rise in housing properties. Although it affects the landlords to some extent, as leasing is a business to them, I appreciate the government and regulatory boards for considering both landlord and tenant rights.
References
Dunning, S. T. (1986). Fisher v. City of Berkeley: Applying Due Process and Preemption to Rent Control Ordinances. Golden Gate UL Rev., 16, 369.