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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Since simple maintenance issues could lead to lesser rent, the court saw no reason why violations of health and safety codes should not. It concluded there was “no issue of a more particularized preemption with respect to conditions which constitute breaches of the implied warranty of habitability or violations of housing, health and safety codes. The board does not seek to enforce either the implied warranty or the codes when it hears and determines petitions for rent decreases. Such conditions simply are included among the guidelines the board is to use in determining whether a rent decrease is warranted.” (Id. at p. 184.) The decision in Sterling that there was no reason the Board should not

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