1041 20th Street v. Santa Monica Rent Control Bd. (2019)

Citation: 1041 20th Street v. Santa Monica Rent Control Bd. (2019)
Parent Document: 1041 20th Street v. Santa Monica Rent Control Bd. (2019)
Jurisdiction: California (state)
Effective Date: 2019-07-30
Original Source: https://www.courtlistener.com/opinion/4644132/1041-20th-street-v-santa-monica... ↗

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landlords will receive no more than a fair return.’” (Santa
Monica Beach, supra, 19 Cal.4th at p. 957.) One stated intent of
the Rent Control Law is “to enable the Board to provide relief to
persons facing particular hardship and to protect and increase
the supply of affordable housing in the [C]ity.” (Id. at p. 988.)
Another purpose is to “attempt[] to provide reasonable
protections to tenants by controlling removal of controlled rental
units from the housing market . . . .” (§ 1800.)
      Section 1803(t) provides one means for controlling removal
of units from the housing market, the removal permit. It states:
“Any landlord who desires to remove a controlled rental unit from
the rental housing market by demolition, conversion or other
means is required to obtain a permit from the Board prior to such
removal from the rental housing market in accordance with [the]
rules and regulations promulgated by the Board. In order to
approve such a permit, the Board is required to find that the
landlord cannot make a fair return by retaining the controlled
rental unit.” (§ 1803(t).)
      In 1983, the Board implemented regulations that govern
the granting of removal permits. Those regulations, which are
currently suspended, describe four categories of removal permits.
Category A permits are for landlords who are “unable to collect
the current Maximum Allowable Rent (MAR) on the unit.”
Category C permits are for landlords who prove a controlled
rental unit “is uninhabitable and cannot be made habitable in an
economically feasible manner.”
      In 1984, voters approved an amendment to the Rent
Control Law which was intended, among other things, “to ensure
due process of law for landlords and tenants, effective remedies

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