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SEARLE v. CITY OF BERKELEY RENT STABILIZATION BD

Docket No. A035905.

197 Cal.App.3d 1251 (1988)

243 Cal. Rptr. 449

DAGMAR SEARLE et al., Plaintiffs and Appellants, v. CITY OF BERKELEY RENT STABILIZATION BOARD, Defendant and Respondent; JENNIFER TAYLOE et al., Real Parties in Interest and Respondents.

Court of Appeals of California, First District, Division Five.

January 26, 1988.

Attorney(s) appearing for the Case

COUNSEL

Dagmar Searle, in pro. per., for Plaintiffs and Appellants.

Thomas A. Seaton as Amicus Curiae on behalf of Plaintiffs and Appellants.

Manuela Albuquerque, City Attorney, Timothy J. Lee, Deputy City Attorney, and Brian Kelly for Defendant and Respondent.

OPINION

KING, J.

In this case we uphold the provision of a rent control ordinance which precludes unregistered landlords and their successors from recapturing, upon later registration, annual rent increases lost by prior nonregistration. Such a provision does not violate the Constitution or any statute when the ordinance also provides that any landlord can, upon registration, petition for an individual rent adjustment and obtain a...

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