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FLOYSTRUP v. CITY OF BERKELEY RENT STABILIZATION

Docket No. A040752.

219 Cal.App.3d 1309 (1990)

268 Cal. Rptr. 898

OVE FLOYSTRUP et al., Plaintiffs and Appellants, v. CITY OF BERKELEY RENT STABILIZATION BOARD, Defendant and Respondent; ANNIE ROLFE et al., Real Parties in Interest.

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

April 30, 1990.

Attorney(s) appearing for the Case

COUNSEL

W. Stephen Wilson, Timothy F. O'Leary, Gregory S. Nerland and Wilson, Sher, Marshall & Peterson for Plaintiffs and Appellants.

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

Mark Goldowitz for Real Parties in Interest.

OPINION

ANDERSON, P.J.

This appeal presents yet another attack on the constitutionality of the Berkeley Rent Stabilization and Eviction for Good Cause Ordinance (Ordinance). Appellants (landlords), owners of apartment units in Berkeley, claim that the provisions of the Ordinance allowing tenants to withhold rent because of landlords' failure to register1 are unconstitutional on their face and as applied...

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