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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listed exemptions includes a unit that is the subject of a section
1803(t) removal permit. (Mason v. Retirement Board (2003) 111
Cal.App.4th 1221, 1229 [“we must ‘“construe every statute with
reference to the entire scheme of law of which it is part so that
the whole may be harmonized and retain effectiveness”’”].) “‘“[I]f
exemptions are specified in a statute, [courts] may not imply
additional exemptions unless there is a clear legislative [history]
to the contrary. [Citation.]”’” (Imperial Merchant Services, Inc. v.
Hunt (2009) 47 Cal.4th 381, 389.) We observe no such legislative
history to the contrary.
       Nor does section 1801(c) or any other provision of the Rent
Control Law authorize the Board to create new categories of
properties that are exempt from rent control. An administrative
agency, such as the Board, can only act within the scope of its
delegated authority. (See Association for Retarded Citizens v.
Department of Developmental Services (1985) 38 Cal.3d 384, 391
[“Administrative action that is not authorized by, or is
inconsistent with, acts of the Legislature is void”]; Schneider v.
California Coastal Com. (2006) 140 Cal.App.4th 1339, 1348
[same]; City and County of San Francisco v. Board of Permit
Appeals (1989) 207 Cal.App.3d 1099, 1109-1110 [administrative
appeals board had no power to disregard or amend ordinances
defining its authority].)
       The Rent Control Law provides the Board with the
following powers and duties: to set rent ceilings for all controlled
rental units; to require registration of all controlled rental units

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