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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20th Street Owner contends that the Board's current interpretation of section 1803(t) violates its constitutional right to a fair return, citing City of Berkeley v. City of Berkeley Rent Stabilization Bd. (1994) 27 Cal.App.4th 951, 33 Cal.Rptr.2d 317 ( City of Berkeley ). In City of Berkeley , the court held: "[A] rent control provision which does not permit a just and reasonable return on a landlord's investment is confiscatory; and if a rent control measure does not expressly assure the landlord of that fair return on investment, such a condition will be implied." ( Id. at p. 962, 33 Cal.Rptr.2d 317, citing Birkenfeld v. City of Berkeley (1976) 17 Cal.3d 129, 169, 130 Cal.Rptr. 465, 550 P.2d 1001.) We disagree with 20th Street Owner's reliance on City of Berkeley .

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