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
Original Source: https://www.courtlistener.com/opinion/2158620/sterling-v-santa-monica-rent-co... ↗

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In sum, the superior court erred in concluding that conditions amounting to substantial deterioration (i.e., breach of the implied warranty of habitability) or violations of housing, health and safety codes may not be considered as a basis for rent decreases. These represent nothing more than relevant indicators of the comparative return on investment rather than an attempt at extra-administrative or extrajudicial “enforcement” of rights. The superior court further erred in excluding from the enumeration of “proper purposes” for which maximum allowable rents may be decreased “decreases in operating and maintenance expenses.” Any and all factors indicating a decrease in operating or maintenance expenses, including a reduction in the frequency of painting or the failure to make minor repairs which were made formerly, properly may be considered. II

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