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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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injunctive and other civil relief (§ 1811); and to charge and collect
registration fees, including late payment penalties. (§ 1803(f).)
Furthermore, the Board “shall issue and follow such rules and
regulations, including those which are contained in this Article,
as will further the purposes of the Article.” (§ 1803(g).) None of
these listed powers and duties authorize the Board to create
categories of rental properties that are exempt from rent control.
      We conclude the Board was not authorized to exempt the
owners’ residential rental units from rent control.15 Accordingly,
the trial court erred in concluding that the Board was equitably
estopped from denying that the residential rental units that were
the subject of removal permits were permanently exempt from
rent control. As that was the sole basis for the grant of the
petitions for writ of administrative mandamus, the trial court
likewise erred by granting the petitions on this ground.