Section 1803

Citation: Section 1803
Parent Document: 1041 20TH St., LLC v. Santa Monica Rent Control Bd., 250 Cal. Rptr. 3d 376 (2019)
Jurisdiction: California (state)
Effective Date: 2019-07-30
Original Source: https://www.courtlistener.com/opinion/6240655/1041-20th-st-llc-v-santa-monica... ↗

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To the extent 20th Street Owner argues that the Board may not reconsider its prior conclusion that removal permits exempt units from rent *45control, the doctrine of administrative finality does not apply when an agency acts beyond its authority: "Implicit in the cases denying a board's power to review or reexamine a question, however, is the qualification that the board must have acted within its jurisdiction and within the powers conferred on it. Where a board's order is not based upon a determination of fact, but upon an erroneous conclusion of law, and is without the board's authority, the order is clearly void ...." ( Aylward v. State Board etc. Examiners (1948) 31 Cal.2d 833, 839, 192 P.2d 929 ; Helene Curtis, Inc. v. Los Angeles County Assessment Appeals Bds. (2004) 121 Cal.App.4th 29, 39-40, 16 Cal.Rptr.3d 658.) Accordingly, the doctrine that an administrative agency cannot reconsider a final administrative decision does not operate here to require the Board to exempt the 20th Street property's rental units or Unit 211 of the Ocean Avenue property from rent control.16

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