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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It is clear that each factor enumerated in section 1805(e) is directly relevant to the increased or decreased comparative rate of return on the landlord's investment as affected by his costs or benefits. Since references to "substantial deterioration" of the unit and to "violations of housing, health *185 and safety codes" provide indicia relating to the comparative return on investment and that is one of the primary purposes of the power to decrease rents, there is no impermissible attempt to "enforce" habitability warranties or housing, health and safety codes. Indeed, no enforcement is sought. The landlord has a choice  he may elect to remedy the defects and seek the restoration of the higher rent or he may accept the downward adjustment in the maximum rent to be charged, leaving conditions unchanged, pending the involvement of one of the enforcing agencies.

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