California’s First District Court of Appeal has scheduled oral arguments in a lawsuit challenging Berkeley’s application of its local rent control ordinance to several housing units that received new certificates of occupancy following substantial reconstruction.

Arguments in the case, NCR Properties, Inc. v. the City of Berkeley, are set for Feb. 28, 2023.

The plaintiff, as well as the California Apartment Association, contends that Berkeley’s determination that the units qualify for local rent control are in direct violation of California’s Costa-Hawkins Rental Housing Act.

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