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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1805

Citation
Section 1805
Parent Document
Sterling v. Santa Monica Rent Control Board, 168 Cal. App. 3d 176 (1985)
Jurisdiction
California (state)
Effective Date
1985-05-15

Other Sections in This Document (94)

Full Text

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Insofar as a petition to reduce the allowable rent ceiling on a unit may be considered a remedy at all, it is a statutory one well within the purview of a rent control scheme. Since section 1942 and the judicial remedy provided for a breach of the implied warranty of habitability impose no barrier to the creation of local statutory remedies within the confines of a rent control scheme, respondent properly may consider as bases for rent decreases “substantial deterioration of the controlled rental unit other than as a result of ordinary wear and tear,” as well as “failure on the part of the landlord . . . to comply substantially with applicable housing, health and safety codes,” in addition to those bases recognized by the superior court as permissible.