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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (69)

Full Text

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“prevent[s] landlords from evicting tenants in order to go out of
the residential housing business absent permits from the City
and the Board. (City of Santa Monica v. Yarmark (1988) 203
Cal.App.3d 153, 157 . . . .)” (Santa Monica Rent Control Bd. v.
Bluvshtein (1991) 230 Cal.App.3d 308, 314.) Removal permits
allow “removal from the rental housing market”; they do not
allow removal from the rent control market. (§ 1803(t)(1).) “‘“If
the words of the statute are clear, the court should not add to or
alter them to accomplish a purpose that does not appear on the
face of the statute or from its legislative history.”’” (Goodman v.
Lozano (2010) 47 Cal.4th 1327, 1332.)
        Had voters intended for a removal permit to remove a unit
from regulation (rather than from the rental housing market),
they could have so stated. Indeed, voters knew how to exempt
properties from rent control and did just that in section 1801(c),
which provides that: “All residential rental units in the City [are
subject to the Rent Control Law] . . . except single family homes
. . . and those units found by the Board to be exempt under one or
more of the following provisions[.]”13 (§ 1801(c).) None of the