A state tribunal that is not a court cannot determine residential tenancy disputes between residents of different states, because the power to order vacant possession of leased premises is judicial power which, when involving a matter between residents of different states, is federal judicial power that can only be exercised by a court. The width of discretions conferred by residential tenancy legislation (such as powers to declare rent excessive or vary unconscionable terms) does not alter the judicial character of the core power to determine possession disputes, provided those discretions are substantially confined by prescribed considerations. The enforceability of tribunal orders through a bailiff mandated by statute to act without further judicial proceedings is a hallmark of judicial power.
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