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
Original Source: https://www.courtlistener.com/opinion/5810885/santa-monica-properties-v-santa... ↗

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We see no provision, either in the RCL or in RCB regulations, prescribing any administrative remedies to be applied for a violation by RCB of the time limits prescribed in the RCL and RCB regulations. The record before us suggests that adoption of such remedies may be a sound idea. The record shows that RCB violated every single one of the time limits prescribed in the RCL and RCB regulations noted above in addressing the current rent adjustment petitions.12 But RCB does not have a mandatory duty to adopt a specific regulation establishing remedies for RGB’s failure to abide the time limits in the RCL and RCB regulations. Although a court may order a local body to perform a mandatory duty, it may not control legislative discretion. (Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 445 [261 Cal.Rptr. 574, 777 P.2d 610].)

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