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DOWDALL LAW OFFICES A PROFESSIONAL CORPORATION ATTO R N EYS AT LAW City Council of the City of Santa Ana City of Santa Ana September 16, 2021 Page 37 Brookside is leased in largest part. The effect of the ordinance is to purport to cover a handful of residents, in a park with manifest vacancies and housing opportunity. Later precedents reflect that the ordinance cannot be more intrusive on the property owner than required by the findings and purpose. Here, the only legitimate purpose is to maintain housing supply and avoid excessive rents amid a housing shortage. But there is no shortage. For further restrictions in the rent law to be even contemplated, there must be some evidence, need, or purpose demonstrated, with findings, to show such action is rational as a curative measure addressing actual consequences of mobilehome park operations at this time. Any consideration of rent control ordinance is, on this basis alone, improper to promulgate because there are none of the essential constitutional facts for additional restrictions needed to make a competent finding or constitute a rational basis. The law allows the park owner may prove that one or more of the conditions stated to exist to justify rent controls ["constitutional facts"] do not in fact exist. Birkenfeld held that "findings" of the local governmental entity must be examined in order to determine whether a sufficient and accurate statement is present that rent controls are a: "...reasonable means of counter -acting harms and dangers to the public health and welfare emanating from a housing shortage." Birkenfeld, 17 Cal.3d 129 at 161. Upon a challenge to a rent control law, a trial court's interpretation of municipal findings is scrutinized on appeal. Id. at 161. The Court extensively discussed those findings (as contained within the Berkeley Charter Amendment then at -issue) to ascertain whether the declaration of constitutional facts was sufficient and true. Id. at 161-163. These are the very same requirements that the City must meet prior to enacting arry form of additional mandatory rent regulations, and must prove in any later court challenge. The complexity of performing these required studies is compounded by questions of housing availability (apt supply), actual cause of vacancies (bad economy in general), encouragement of new construction, housing alternatives, selection of leasing as a viable alternative to rent restrictions (adopted in the park in large part), as well as available ameliorative remedies under a voluntarily -provided subsidy program which has existed for decades. These factors reflect the absence of any basis for the passage of rent controls. -37-