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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We agree that because the Board waited 20 years to promulgate a regulation giving it power to oversee construction-related impact on rental units, there is little reason for a court to defer to its interpretation of the RCCA. However, our own reading of the RCCA leads us to believe that the Board has not exceeded its authority in promulgating Regulation 4400 other than as discussed above. Section 1805(e) states that in setting individual rents the Board can consider such factors as “increases or decreases in operating . . . expenses,” “increases or decreases in . . . equipment, or services,” “substantial deterioration of the controlled rental unit other than as a result of ordinary wear and tear,” and “failure on the part of the landlord to provide adequate housing services or to comply substantially with applicable housing, health and safety codes.” Regulation 4200 permits rent decreases based on “reduced base amenities of a unit,” including loss of parking; laundry facilities; security gates, doors and fencing; recreational facilities; yards; and landscaping, and on lack of maintenance including “[a]ccumulation of garbage, debris or other inappropriate materials in common areas.” (Regulation 4200(d), (f).)

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