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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.