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... ↗

Full Text

1,244 chars

22
removal permits, but not to revoke such permits. Even assuming
for purposes of this opinion that the Board was not authorized to
revoke removal permits, the Board did not revoke such permits in
2016. As the Board concedes, the removal permits remain valid
and the owners can thus remove the rental units from the rental
housing market by demolition, conversion, or other means.
Rather, the Board, in 2016, changed its interpretation of section
1803(t) to conclude, correctly, that a removal permit did not
exempt a rental unit from rent control.
         “‘“In the general case, of course, an administrative agency
may change its interpretation of a statute, rejecting an old
construction and adopting a new. [Citations.] Put simply, ‘an
administrative agency is not disqualified from changing its mind
. . . .’ [Citation.]”’” (Citicorp North America, Inc. v. Franchise Tax
Bd. (2000) 83 Cal.App.4th 1403, 1420; Californians for Political
Reform Foundation v. Fair Political Practices Com. (1998) 61
Cal.App.4th 472, 488.) Accordingly, we conclude that the Board
did not revoke the section 1803(t) removal permits; it merely
changed its interpretation of these permits to clarify that they
did not operate to exempt units from rent control.

Other Sections in This Document (69)

Full Text