Section 1803

Citation: Section 1803
Parent Document: Bohbot v. Santa Monica Rent Control Board, 34 Cal. Rptr. 3d 827 (2005)
Jurisdiction: California (state)
Effective Date: 2005-10-13
Original Source: https://www.courtlistener.com/opinion/2264118/bohbot-v-santa-monica-rent-cont... ↗

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A city councilmember sought clarification from the city attorney of these apparently contradictory provisions. On May 21, 1984, the city attorney issued an informal opinion, indicating that subdivision (b)(7) was a fail-safe provision which would take effect only if the RCL were inoperative. This view was set forth in the city attorney’s analysis of Proposition X (which enacted TORCA) which appeared in the June 5, 1984 voter’s pamphlet. Subsequently, subdivision (b)(7) of section 2003 was amended to explicitly state, “This subsection shall be interpreted in accordance with Santa Monica City Attorney Informal Opinion Number 84-57. All amendments to this Subsection are declaratory of existing law.” The parties dispute the effect of this explicit reference to the city attorney’s opinion, given that, in the course of the city attorney’s opinion, the city attorney noted that subdivision (b)(3)’s indefinite protection against owner-occupancy evictions of participating tenants did not extend to nonparticipating tenants. But it is clear that the inclusion of the reference to the city attorney’s opinion in subdivision (b)(7) of section 2003 is meant to refer to the actual holding

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