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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With regard to the contention that basing decreases on percentage of (widely varying) amounts of monthly rent paid by each tenant, the memorandum stated, “This claim does not conform to any constitutional theory or judicial precedent known to legal staff” and that “staff is aware of no judicial authority requiring local agencies to equalize such rent adjustments.” Therefore, the recommendation was to follow the percentage methodology set forth in the regulation. Staff denied that individualized rent decreases were the equivalent of awarding emotional distress damages to tenants. Instead they were “temporary rent adjustments, designed to compensate for impairment of the use of the premises and common area facilities.”

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