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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (60)

Full Text

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In ruling that the RCL empowered RCB to decrease rents based on the factors listed in section 1805(e), Division One offered this reasoning: “If no condition has changed except [a] decrease in maintenance expenses or [a] reduction in services, the rent presently being charged has become excessive, returning to the landlord a higher profit than had been previously adjudged fair.” (Sterling, supra, 168 Cal.App.3d at pp. 183-184.) And, in the same vein: “Since a landlord may increase his rate of return ... by failing to make repairs or to correct defective conditions, by reducing services, space or equipment or by permitting deterioration of the unit, the stated purpose of [the RCL] is broad enough to justify decreasing rents for the existence of any of these conditions.” (Id. at pp. 185-186.) The Trial Court’s Ruling