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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The trial court rejected the interpretation proffered by SMP for the following reasons: “[A]s noted by [RCB] in the opposition, any amount of reduction of services is a factor to be considered under Sterling-, the case does not carve out an exception for ‘minimal’ reductions in services. As set forth in Sterling: [f] ‘If no condition has changed except the decrease in maintenance or 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.)]” Read from a different angle, the trial court implicitly interpreted section 1805(e) to mean that RCB may decrease a tenant’s rent whenever there is a decrease in any service, even a luxury, adult recreational service, no matter how slight. Analysis

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