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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Defendant (hereafter respondent) Santa Monica Rent Control Board appeals from a judgment granting a peremptory writ of prohibition and prohibiting respondent from: (1) Adjusting maximum rents downward except for the purposes of article XVIII of the city charter, as set forth in section 1800, and the "failure on the part of the landlord to provide adequate housing services," such as decreases in living space, furniture, furnishings and parking; and (2) "awarding damages in the form of rent withholding to tenants, such authority having been granted expressly to the courts pursuant to California Constitution, Article VI, Section 1." The judgment further declares section 1805(d)(11) of article XVIII of the city charter and rent control board regulation section 4038 unconstitutional to the extent they "unlawfully delegate authority to respondent to award damages in the form of rent withholding." Respondent also appeals from the peremptory writ of mandate, which commands respondent "to permanently disist (sic) and refrain from taking any action or further proceedings in that action pending before you except in conformance with the Statement of Decision and Judgment of this Court." *180 STATEMENT OF FACTS

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