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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On March 20, 2017, 20th Street Owner filed a combined
petition for writ of administrative mandamus and complaint for
declaratory relief. It argued that the Board’s current
interpretation of the Rent Control Law, that is, that units for
which the owner had previously obtained removal permits
remained subject to rent control, was incorrect and not supported
by past interpretation or policy.
         20th Street Owner argued that under the doctrine of
“administrative finality”— referring to the doctrine that an
administrative agency cannot reopen or reconsider a final
administrative decision—the Board had no authority to amend,
modify, revoke, or otherwise nullify the 1993 granting of the
removal permit. 20th Street Owner asserted that under the
doctrine of equitable estoppel the Board was prohibited from
“nullifying or revoking . . . vested rights . . . granted in . . . 1993
. . . .” It maintained that it had detrimentally relied on the
Board’s statement that the 20th Street property would be exempt
from rent control by investing approximately $100,000 in the

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