Pennell v. San Jose - Significance, "hardship Tenants" A Landlord's Hardship?, Impact, Rent Control
Richard Pennell and Tri-County Apartment House Owners Association
City of San Jose and City Council of San Jose
That the provisions of the San Jose City rent control ordinance violated the Takings Clause of the Fifth and Fourteenth Amendments and the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
Chief Lawyer for Appellants
Harry D. Miller
Chief Lawyer for Appellees
Joan R. Gallo
Justices for the Court
Harry A. Blackmun, William J. Brennan, Jr., Thurgood Marshall, William H. Rehnquist (writing for the Court), John Paul Stevens, Byron R. White
Sandra Day O'Connor, Antonin Scalia (Anthony M. Kennedy did not participate)
Date of Decision
24 February 1988
The U.S. Supreme Court held that the appellants' claim was premature. There was no evidence that the tenant hardship provision of the San Jose City rent control ordinance was ever applied. Nor did the provision violate the Due Process Clause or the Equal Protection Clause because the ordinance was related to a legitimate interest of protecting tenants.
- Armstrong v. United States, 364 U.S. 40 (1960).
- Hodel v. Virginia Surface Mining & Reclamation Assn., 452 U.S. 264 (1979).
- Vance v. Bradley, 440 U.S. 93 (1979).
- Kaiser Aetna v. United States, 444 U.S. 164 (1979).
- FCC v. Florida Power Corp., 480 U.S. 245 (1987).
- First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, 482 U.S. 304 (1987).
USA Today Magazine,July 1998, Vol. 127, no. 2638, p. 20.
- Porter, Philip K. "Taking Property and Just Compensation." Southern Economic Journal, October 1994, p. 555.
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- Pennell v. San Jose - Significance
- Pennell v. San Jose - "hardship Tenants" A Landlord's Hardship?
- Pennell v. San Jose - Impact
- Pennell v. San Jose - Rent Control
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