Section 1805

Citation: Section 1805
Parent Document: Santa Monica Properties v. Santa Monica Rent Control Board, 203 Cal. App. 4th 739 (2012)
Jurisdiction: California (state)
Effective Date: 2012-02-16
Original Source: https://www.courtlistener.com/opinion/5810885/santa-monica-properties-v-santa... ↗

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In Sterling, supra, 168 Cal.App.3d 176, Division One of our court reviewed and reversed a judgment granting peremptory writs of prohibition and mandate. The thrust of the judgment prohibited RGB from adjusting maximum allowable rents downward except in accord with the purposes of the RCL as specified in section 1800, and based only on one factor listed in section 1805(e), namely, the “ ‘failure on the part of the landlord to provide *750adequate housing services.’ ” (Sterling, at p. 180.) The judgment ensued from the trial court’s interpretation that the remaining factors Usted in section 1805(e), which the court broadly summarized as a landlord’s failure to comply with “ ‘health and safety laws or habitability problems,’ ” did not give RCB the authority to decrease rents because claims involving such factors were reserved for court proceedings and/or for the agencies charged with enforcing health and safety codes. (Sterling, at p. 180.) The trial court ruled that, while the factors listed in section 1805(e) could be considered in limiting or denying a rent increase, they could not be considered in a rent decrease context unless they “ ‘relate[d] specifically’ ” to the purposes of the RCL. (Sterling, at p. 181.)

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