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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As a general rule, requirements in a statute concerning the time within which an act must be performed are “directory,” rather than mandatory or jurisdictional, unless a contrary legislative intent is clearly established. (See, e.g., Edwards v. Steele (1979) 25 Cal.3d 406, 409-410 [158 Cal.Rptr. 662, 599 P.2d 1365].) The record before us today does not establish such a contrary intent. Because RGB’s regulations otherwise sufficiently accomplish the purpose of RCL section 1805(d)(12), we conclude that our courts may not compel RCB to adopt any specific regulation governing the enforcement of time limits for determining rent adjustment petitions, at least not on the record before us now involving a single rent adjustment proceeding. Whether or not relief of some form would be available in a different context, upon a showing of systemic violations of RCL section 1805(d)(12), is not before us in the current case. Because RCB has acted by adopting regulations related to *758RCL section 1805(d)(12), there is no ground for issuing a writ of traditional mandate. RGB’s regulations governing the time for deciding rent decrease petitions satisfy the purpose of RCL section 1805(d)(12), and RGB’s decision whether to adopt specific regulations that would establish administrative remedies to be applied in the event of its failure to abide the prescribed time limits, remain a matter within RGB’s legislative discretion on the record in the current case. DISPOSITION

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