Ocean Park Associates v. Santa Monica Rent Control Board, 8 Cal. Rptr. 3d 421 (2004)

Citation: Ocean Park Associates v. Santa Monica Rent Control Board, 8 Cal. Rptr. 3d 421 (2004)
Parent Document: Ocean Park Associates v. Santa Monica Rent Control Board, 8 Cal. Rptr. 3d 421 (2004)
Jurisdiction: California (state)
Effective Date: 2004-01-07
Original Source: https://www.courtlistener.com/opinion/2295617/ocean-park-associates-v-santa-m... ↗

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The decreases due to construction are to be “based upon the degree of impairment, degree of loss of housing service, and degree of interference with the occupancy of the unit caused by the construction.” In addition, “[i]n determining the amount of the decreases, the impact on the tenant’s normal use of his or her unit (e.g., whether the tenant works at home or remains at home during the day, tenants with children at home during the day, tenants’ health conditions) shall be considered.” The regulation provides a list of items (e.g., “[n]oise, vibrations . . . [o]dors, dust, ventilation . . . [sjafety, . . . significant debris, work done outside of permitted hours”) and gives a range of decreases allowable for each measured as a percentage of rent. The ranges are from 10 to 50 percent or 10 to 75 percent for most items, but safety issues may result in a reduction of up to 100 percent. Other items listed, such as loss of parking, storage, security, laundry facilities, recreation facilities, patios, and elevator service could lead to reduction of rent by a specific dollar amount of between $5 and $120 depending on the item involved. Decreases are to be “determined from the later of the following times: (1) the date of notice of potential decreases provided pursuant to the subsection (c) above; or (2) the initial date of the onset of the condition for which decreases are awarded.” Building Inspections

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