12
University Daily Kansan
Thursday, Feb. 27, 1986
Court rules cities can set rent limits
Nation/World
United Press International
WASHINGTON — The Supreme Court upheld the constitutionality of rent control yesterday, rejecting landlords' arguments that the practice violates antitrust laws.
The ruling, in a case from Berkeley, Calif., gives a legal blessing to similar rent-control regulations in dozens of cities which set limits on rent.
The high court, in an 8-1 opinion, said rent-control laws were legal as long as they were not the result of a conspiracy to restrain free trade.
Writing for the court, Justice Thurgood Marshall said the function of government might often be to tamper with free markets, correcting their failures and aiding their victims.
However, he said, there may be cases in which what appears to be a state- or municipal-administered price stabilization scheme is really a
private price-fixing conspiracy, but the Berkeley ordinance was not.
Manuela Albuquerque, Berkeley city attorney, said the ruling, which affirmed a decision by the Supreme Court of California, would be very beneficial to all cities across the country.
Albuquerque said the law had had the effect of lowering rents in Berkeley and providing a larger pool of affordable housing.
But landlord Muriel Rosenkrantz, a past president of the Berkeley Property Owners Association, said, "The law is wiping out property owners, confiscating their property."
Also, she said, the law had led to a loss of rental housing and estimated a decline of at least 5,000 units since the law was adopted.
Rosenkranz promised to continue the fight with a lawsuit showing the damage the law did to property owners.
Kentucky journalist asks for libel law reformation
United Press International
WASHINGTON — Homer Marcum, publisher, editor and the only reporter and photographer for a weekly newspaper in the Kentucky coal fields, told Congress yesterday that libel laws need to be changed.
Marcum said he and his paper, the Martin Countian, have been sued for libel seven times during the past 11 years. He has never lost but has paid more than $30,000 for legal defense.
"I can't even afford to win one."
Marcum told a House subcommittee on civil and constitutional rights.
He said losing parties in libel actions should be required to pay
legal fees and court costs.
"At the rate I am going, I will not be able to successfully defend the next frivolous libel action because my financial resources will have been exhausted." Marcum said describing what he called "the chilling effect" of the legal system on journalism."
Rep. Charles Schumer, D-N.Y., said the series of hearings promised the most extensive congressional exploration to date on U.S. libel law.
Schumer has proposed libel-reform legislation that would permit public officials to sue for a judgment on whether an article or broadcast was true or false, rather than for monetary damages.
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