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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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14    Section 1803(f)(9) provides that the Board can “[r]emove
rent controls under [s]ection 1803(r).” Section 1803(r), entitled
“Decontrol,” states that the Board can temporarily remove rent
controls from rental units when there is no housing shortage, as
measured by a high vacancy rate. Specifically, “[i]f the average
annual vacancy rate in any category, classification, or area of
controlled rental units exceeds five (5) percent, the Board is
empowered, at its discretion and in order to achieve the
objectives of this Article, to remove rent control from such
category, classification or area.” (§ 1803(r).) If a unit is
decontrolled under section 1803(r), the Board shall reimpose rent
control if the average annual vacancy rate falls below five
percent. Thus, decontrol of rental units under section 1803(r)
does not permanently remove a rental unit from rent control.
20th Street Owner expressly asserts that section 1803(r) does not
apply.