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DOWDALL LAW OFFICES <br />A PROFESSIONAL CORPORATION <br />ATTO R N EYS AT LAW <br />City Council of the City of Santa Ana <br />City of Santa Ana <br />September 16, 2021 <br />Page 36 <br />It is also an unsubstantiated and undocumented notion to seek to diminish the rate of <br />return on property based upon the assumption of "appreciation" without the quantification <br />thereof and its contribution to, specifically, the amount by which a rent request is not allowed in <br />full. <br />The constitutionality of mandatory rent controls depends upon the existence and <br />continuing existence of these "constitutional facts." These requirements are well understood. <br />Actual facts must at all times be present which demonstrate a specific intent by landlords to <br />charge exorbitant and excessively high rents to exploit tenants amid a housing shortage. The <br />effects on the tenants must be sufficiently serious to make rent controls a rational measure. <br />Moreover, there is frequently the claim made that mobile homes may be damaged in <br />transit. There does not appear to be any supporting statistics for this assertion, nor is there any <br />difficulty in obtaining more than adequate insurance which would cover any and all damage or <br />any other casualty that occurs in the process of moving a mobilehome.14 <br />"...[The constitutionality of residential rent controls under the police power <br />depends upon the actual existence of a housing shortage and its concomitant ill <br />effects of sufficient seriousness to make rent control a rational curative measure." <br />Birkenfeld, 17 Cal.3d 129 at 160. <br />The actual facts must continue to exist at all times for such controls to remain <br />permissible. Further, any proposed rent controls must also be studied to determine whether the <br />same would operate as a "curative measure," rather than aimed at solving nation-wide inflation, <br />preserving housing stock, providing a subsidy to tenants, insulating the tenants from normal <br />market conditions, or changing the trends in general market conditions. In this instance, <br />https://www.oshagov/pls/imis/accidentseuch-s uch?si�&siogroup=&naics &ace description=&acc abstract=&ace keyword <br />=%22Mobile"/o20Home°/u22&inspm &fatal=&officetype=&office=&stutmonth=&startday=&startyear=&endmonth=&endday <br />=&endyear=&keyword list=on&p start=&p_finish=0&p_sort=&p_desc=DESC&p_directiorr=Nead&p_show=20 <br />ra From one of many sources: "Mobile Insurance works with fair and ethical insurance <br />comppanies offering comprehensive insurance coverage at the best value. These companies include <br />the followin : <br />American Modern Insurance Company <br />Carolina Casualty Insurance Company <br />Essex Insurance Company <br />Nautilus Insurance Company <br />Northland Insurance Company <br />Southern County Mutual <br />and others <br />Your clients' new home will be protected no matter what happens during transit with insurance <br />coverage from Mobile Insurance. <br />-36- <br />