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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Division One reversed the judgment, ruling the trial court had unduly limited the authority vested in RCB under the RCL: “[Tjhe 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 [landlord’s] comparative return on [his or her] investment rather than an attempt at . . . ‘enforcement’ of [tenants’] rights. The superior court further erred in excluding from the enumeration of [the RCL’s] ‘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.” (Sterling, supra, 168 Cal.App.3d at p. 186.)

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