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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We agree with SMP that the trial court misinterpreted section 1805(e), and Sterling, supra, 168 Cal.App.3d 176, and that the judgment as to SMP’s petition for writ of administrative mandate is infected by the error. We do not understand section 1805(e), as construed in Sterling, to give RCB the authority to reduce rents based upon any decrease in service, no matter how minimal, particularly if the decrease has no effect on the adequacy of housing services or compliance with health and safety codes. The Sterling court held that “substantial deterioration (i.e., breach of the implied warranty of habitability) or violations of housing, health and safety codes” may be considered as a basis for rent decreases. (Sterling, supra, at p. 186.) The landlord in Sterling failed to repair defective built-in appliances, a defective elevator, defective plumbing, heating and electrical wiring and defective outside lights. The landlord also failed to prevent insect infestation and gas leaks and did not repair broken windows and doors. (Sterling, supra, at p. 180.) In contrast, here, the minimal reduction of adult recreational services of a type commonly found only in luxury housing does not justify decreasing rents without evidence that the rent thereby became excessive or the landlord thereby realized an unjust or unreasonable return on the investment in the property.

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