Hirschfield v. Cohen (2022)

Citation: Hirschfield v. Cohen (2022)
Parent Document: Hirschfield v. Cohen (2022)
Jurisdiction: California (state)
Effective Date: 2022-08-25
Original Source: https://www.courtlistener.com/opinion/7859842/hirschfield-v-cohen/ ↗

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15     Because we conclude section 7060.2(d) applies to single-
family dwellings, we do not reach the Board’s contention that the
properties on Marine Street are not, as a matter of municipal
law, “single-family homes” because each is contiguous with
another parcel also owned by Hirschfield. (See Santa Monica
City Charter, art. XVIII, § 1801(n) [defining “Single Family
Home” as “[a] property that has been developed with only one
one-family dwelling and any lawfully accessory structures”] and
§ 1801(m) [defining “Property” as “[a]ll rental units on a parcel or
lot or contiguous parcels or contiguous lots under common
ownership”].)
16    Section 7060.2(d) does not require a landlord to base initial
rents for newly constructed accommodations on the rents in effect
at the time of demolition of the former units; rather, the new
accommodations “shall be subject to any system of controls on the
price at which they would be offered on the basis of a fair and
reasonable return on the newly constructed accommodations.”
Thus, landlords retain an economic incentive to modernize rental
housing and receive a reasonable rate of return while providing

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