Santa Monica adopted a rent control ordinance authorizing the Rent Control Board to set the amount of rents that could be charged. At a hearing before it, the board determined that McHugh was charging his tenants a rent higher than the maximum allowed. McHugh claimed that the action of the board was improper because there was no jury trial. Is McHugh correct

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Answer:

No. McHugh is not correct.

Explanation:

A jury trial is not necessarily required in all cases.  The Board is like a panel of judges who decide a case after preliminary investigations have been conducted and the facts established.  Moreover, the case is a civil matter and not a criminal issue that would require the presence of a jury.  It is not improper for a legally constituted board to hear a civil disobedience case and render a verdict, according to established rules.