ELS Wants Rent Control Case Rehearing

April 22, 2013 by   - () Comments Off on ELS Wants Rent Control Case Rehearing

Equity LifeStyle Properties Inc. (ELS), which lost a rent control case in federal court, says it intends to “file a petition for a rehearing.”

ELS announced its intention late last week.

On April 17, the United States Court of Appeals for the 9th Circuit issued an opinion  in connection with ELS’s lawsuit challenging the city of San Rafael’s rent control ordinance. The matter pertained to a manufactured housing community that ELS owns in San Rafael.

ELS is the nation’s largest owner and operator of RV parks and manufactured housing communities.

The Marin Independent Journal earlier reported that a federal appeals court Wednesday (April 17) delivered a legal victory to the city of San Rafael, overturning a lower court decision and ruling that the city’s Contempo Marin mobile home park rent control ordinance is constitutional.

“This is a tremendous victory for the city, the residents of Contempo Marin and the city council,” City Attorney Rob Epstein said. “We knew the law was on our side.”

In an opinion written by circuit Judge Sidney Thomas, the court ruled San Rafael’s ordinance doesn’t constitute a government “taking” of private property as alleged by Chicago-based ELS, which owns the 396-unit Contempo Marin mobile home park in north San Rafael.

The decision overturns a 2009 ruling by U.S. District Judge Vaughn Walker, who concluded the city’s ordinance violated the Fifth Amendment clause against such takings.


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