Sego v. Santa Monica Rent Control Board, 57 Cal. App. 4th 250 (1997)

Citation: Sego v. Santa Monica Rent Control Board, 57 Cal. App. 4th 250 (1997)
Parent Document: Sego v. Santa Monica Rent Control Board, 57 Cal. App. 4th 250 (1997)
Jurisdiction: California (state)
Effective Date: 1997-08-22
Original Source: https://www.courtlistener.com/opinion/2279131/sego-v-santa-monica-rent-control-board/ ↗

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Appellants reviewed the information of the tenant’s complaint and discovered that they had made a calculation error prior to March 1987, which resulted in a rent overcharge of about $4 per month at that time. Civil Code section 1947.8 provided for the initial certification of permissible rent levels in 1987. (Appellants do not allege they obtained this certification or if they did what the amount was.) Upon further review of their records, appellants determined that between March 1987 and April 1995 they had collected excess rent during certain months, but the tenant’s “sporadic and inconsistent rent payments during the same period of time had offset all excess rent claims.” A dispute exists between the tenant and appellant landlords. The tenant takes the position that beginning on the date excess rent was first collected all general rent adjustments from September 1986 to the present are void, and claims as much as $4,005 in excess rent. With the aid of a paralegal, appellants hand delivered a letter to the Board’s senior attorney, Anthony Trendacosta, on September 17, 1995, requesting the Board settle the excess rent dispute. They received no response, so on October 6, 1995, appellants retained an attorney who prepared a letter to the Board requesting the Board send a certification of permissible rent levels pursuant to Civil Code section 1947.8, subdivision (c) and/or settle any excess rent dispute pursuant to section 1809(c) of the SMRCCA. Again they received no response.

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