The U. S. Ninth Circuit denial to rehear the Equity LifeStyle Properties (ELS) vs. City Of San Rafael ruling may lead to a battle in the U. S. Supreme Court. The court’s decision handed down in April establishing rent control in manufactured housing communities may embolden rent control advocates across the state, but the battle is far from over, according to Attorneys Hart, King & Coldren (HK&C). The April 13 three-judge panel decision had reversed a decision by District Court Judge Vaughn Walker, who ruled rent control unconstitutional. Whether ELS takes the review to the U. S. Supreme Court or not, as MHProNews has been informed, the future remains open to constitutional challenges whenever owners are denied rent increases. But while the battle rages, HK&C says “there continue to be opportunities to maximize property values through rent increase applications, subdivisions or closures. The pursuit of these opportunities may also help set the stage for successful taking claims.” .
