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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1954

Citation
Section 1954
Parent Document
CABINDA v. Santa Monica Rent Control Bd., 95 Cal. Rptr. 2d 676 (2000)
Jurisdiction
California (state)
Effective Date
2000-08-23

Other Sections in This Document (53)

Full Text

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Appellant argues that the trial court's order was impermissibly overbroad in ordering that it "cease and desist use of its Regulations number 3301(g) and 13008." It claims it was prejudiced because the order, read literally, precludes the Board from use of regulation 13008, subdivision (b), which requires registration of new rent levels following an increase after a vacancy. Without this information, appellant claims, it cannot certify rents as required under the Petris Act. As we have explained, the information the Board can require for registration under the Petris Act is limited to the tenant's name; any additional information may be requested, but not required. (§ 1947.7, subd. (g).) Regulations 13008, subdivision (b), and 3301, subdivision (m) go beyond the statutory limitation. The trial court properly barred the Board from enforcing those regulations. The solution to the problem is for the Board to adopt a regulation which does not trespass on the scope of the general state law. *686 DISPOSITION The order is affirmed. CHARLES S. VOGEL, P.J., and CURRY, J., concur. NOTES