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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1803

Citation
Section 1803
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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We also understand sections 1803(g) and 1805(d)(12) to impose a mandatory duty on RGB to issue and follow such rules and regulations “as will further the purposes of the [RCL].” So, if RGB had done nothing to implement the RCL, then we again assume without deciding that it could be compelled to initiate the rule-making process. But it is undisputed that RGB has issued rules and regulations governing petitions for rent adjustments. We will discuss some of those regulations more fully below. The issue raised by SMP’s petition for writ of traditional mandate is whether the RCL imposes a mandatory duty on RGB to adopt specific regulations establishing administrative remedies which would give “teeth” to its mandatory duty to issue a final decision within 120 days. SMP’s arguments on appeal, when considered in light of the record before us, do not persuade us that RGB has a mandatory duty to issue the type of specific remedial rule or regulation sought by SMP’s petition for writ of traditional mandate. Accordingly, the trial court’s judgment will not be reversed. RGB Regulations