A San Mateo County judge Friday issued an order temporarily restraining Page Mill Properties from acting against its East Palo Alto tenants who don't pay recently increased rents, according to attorneys for the city.
Superior Court Judge Joseph Bergeron prohibited Page Mill Properties from forcing tenants to pay higher rents until the city's legal challenge of rent increases levied this year are settled in court. The city contends the hikes violate its rent stabilization ordinance.
Early next week, the two sides are scheduled to make their opening arguments to Bergeron.
"He wanted some time to consider the merits of the case," said Rick Jarvis, East Palo Alto's outside attorney. "(Page Mill's attorneys) weren't too happy about it."
Page Mill Properties has raised rents for about 2,200 units in two waves this year. The first wave affected about 1,350 units and the second 850. After rents were hiked the first time, the city and landlord locked up in court fighting lawsuits they have filed against each other.
Page Mill Properties has challenged two recent actions by the city's rent stabilization board. It prevailed in the first, managing to get an apartment registration fee increase thrown out. The board had attempted to raise the fee - which landlords are required to pay for each unit they own - from $135 to $240.
In a second challenge to the board, the landlord is contending that a new set of rules and regulations involving the rent stabilization ordinance are illegal and violate city law. The two sides will appear in court to debate the matter Oct. 20.
The city had attempted to get a temporary restraining order against the rent increases several weeks ago from Judge Quentin Kopp, but he denied its request. Kopp was prepared to hear the case Friday, but Jarvis managed to get the case transferred to Bergeron after arguing that the city could not get a fair hearing from Kopp.
Andrew Zacks, an attorney for Page Mill Properties, said the city's attorneys made a legal maneuver simply because they didn't like the judge to which they were assigned.
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