Section 1805

Citation: Section 1805
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 Board’s power in this area is limited to formalizing rules of conduct for individual adjustment hearings. Regulation 4400 thus represents an unauthorized expansion of the Board’s authority in the community and a major departure from its original role. Such a departure might be appropriate if the challenged provision were “ ‘consistent and not in conflict with the enabling statute and reasonably necessary to effectuate its purpose’ ” or “ ‘fill[ed in] the details of the enabling legislation’ ” or “ ‘reasonably interpreted the legislative mandate.’ ” (Da Vinci Group v. San Francisco Residential Rent etc. Bd. (1992) 5 Cal.App.4th 24, 29-30 [6 Cal.Rptr.2d 461], quoting Fox v. San Francisco Residential Rent etc. Bd.

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