California, United States of America
The following excerpt is from Birkenfeld v. City of Berkeley, 122 Cal.Rptr. 891, 49 Cal.App.3d 464 (Cal. App. 1975):
11 Albigese v. Jersey City (1974) 127 N.J.Super. 101, 316 A.2d 483, 488, suggests that only rental housing availability within the corporate limits of the municipality can be considered. We do not agree with this view, as it appears to ignore the realities of intercity mobility in metropolitan areas. Although not necessary for determination of this case, we also believe it to be the better view that if the rental housing within a municipality is adequate to negate the existence of a rental housing emergency, rent control legislation within that municipality would be constitutionally prohibited as being in excess of the police power of the municipality, regardless of the condition of rental housing outside the municipality.
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