A legal challenge seeking to stop Measure H, Pasadena’s citizen-led housing initiative, was all but defeated in court on Tuesday, though some of its provisions did not survive a judge’s scrutiny.
The charter amendment, approved by Pasadena voters last November, set up a rental housing board to oversee rent control, just-cause evictions, relocation assistance, and to craft other rental regulations enacted by the legislation.
But the California Apartment Association argued that the measure was unconstitutional in their lawsuit against the city of Pasadena in Los Angeles Superior Court. They argued that it substantially revises rather than amends the city’s charter, it illegally restricts people owning rental property from serving on the city’s rental board, violates the equal protection clause and preempts California law, namely the Costa-Hawkins Act, which already restricts rent control in the state.
“On a quantitative and qualitative basis, Measure H does not fundamentally alter the Pasadena City Charter or the basic structure of city government in Pasadena,” said L.A. Superior Court Judge Mary Strobel in her ruling, adding that the measure did not violate a key provision of the California Constitution, which governs a city’s revision of its charter.
And with that, backers of the measure claimed victory long in the making.
“It’s a huge relief to have this behind us,” said Liberty McCoy, a board member of Tenant and Affordable Pasadena, in a statement after the ruling.
In particular, backers of Measure H – which in the city’s revised charter is Article XVIII — were concerned about the legal future of a city law that now limited rent increases, just-cause evictions and rent rollbacks under some circumstances.
“Many landlords claimed – wrongly– that because of the lawsuit, Article XVIII was not in effect,” McCoy said. “Many tenants were too scared to force the issue. I respond to tenant inquiries at the Pasadena Tenants Union…
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