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76. Which of the following best states the burden of persuasion in this action?
A majority of the owners of existing rental housing in the city opposed the ordinance. They argued that it would dramatically decrease the number of low-income rental housing units because owners would be unable to raise rents enough to recoup the investment required to comply. Without denying these contentions, the city enacted the ordinance. A plaintiff who owns low-income rental housing has sued the city, claiming only that the ordinance is unconstitutional on its face.
To improve the quality of rental housing within its boundaries, a city proposed an ordinance requiring all new and existing rental housing units to provide at least one full bathroom for each bedroom, plumbing and electrical hookups for a washer and dryer, and a covered parking space.
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Here, the lawsuit concerns a city ordinance requiring various accommodations added to rental housing, which does not implicate suspect classifications, classifications based on gender or legitimacy, or fundamental rights. Therefore, the standard of review is rational basis with the burden of persuasion on the owners.
A is incorrect. This is the standard for strict scrutiny. Courts use a strict scrutiny standard when a suspect classification or fundamental right is involved. Fundamental rights include the right to travel, privacy, voting, and all First Amendment rights. There is no fundamental right to rental income, so strict scrutiny does not apply here.
B is incorrect. This is also the standard for strict scrutiny. Under this standard, a law will only be upheld if it is necessary to achieve a compelling or overriding government purpose. As stated above, strict scrutiny does not apply here.
C is incorrect. This is the standard for intermediate scrutiny. Courts use intermediate scrutiny when a classification is based on gender or legitimacy is involved. Under this standard, a law will be upheld if it is substantially related to an important government purpose. Here, neither gender or legitimacy is at issue, and thus intermediate scrutiny does not apply.