After ruling in October 2025 that the structure of Santa Ana’s rent control board was unconstitutionally prejudiced against landlords, Superior Court Judge William Claster is allowing the city to fix the issue by striking that structure from the city’s draconian rent control ordinance.
The rent control and “just eviction” ordinance created a 7-member Rental Housing Board appointed by the city council and empowered to hear appeals from tenants who object to rent increases, and landlords seeking rent increases beyond the miserly limit of 3% or CPI – whichever is lower – Santa Ana’s rent control permits.
The ordinance was crafted by left-wing political advocacy groups in conjunction with the city council’s progressive majority. It allows renters to petition the rent control board to roll-back rent increases or attempts by landlords to pass certain capital improvement expenses to tenants. Tenants can even petition to have their existing rent reduced. Landlords are allowed to file “fair return petition” if they believe the law stringent rent increase limits prevent them from earning a fair return.
The quasi-judicial body consists of three tenant members, two “at-large” members who are not supposed to have any financial interest in rental property, and two landlord members. However, city council members didn’t necessarily follow the law in making appointments.
Councilman Ben Vazquez originally appointed VietRise head Tracy La to one of the “at-large” positions, despite the fact La is a tenant. La was later re-appointed by Councilwoman Thai Viet Phan to one of the tenant positions, before quitting the Board altogether several months later. La actively had actively lobbied the council to adopt the rent control and “just cause” eviction ordinances.
The Apartment Association of Orange County filed a lawsuit filed in February 2023 alleging the tenant-dominated rent control board violates property owner’s due process rights under the Fourth and Fourteenth Amendments to the U.S. Constitution.
READ: Lawsuit Alleges Santa Ana Rent Control Law Violates Federal, State Constitutions
“The effect of this ruling is to find the Rental Housing Board’s composition unconstitutional,” stated the order by Judge William Claster, finding that “the Rental Board is intentionally unbalanced in favor of tenants.”
Claster subsequently approved a settlement between Santa Ana and the AAOC to strike the provision detailing the composition of the Rental Housing Board:
Effectively, the city council now appoint whomever it likes, regardless of whether or not the appointees are tenants, landlords or neither. However, any attempt by the current council to deliberately stack the Board with tenants would almost certainly draw another lawsuit.
