Section 1805

Citation: Section 1805
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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The SMRCCA form for a landlord’s request for verification of rent levels, pursuant to Board regulation 13007, and Civil Code section 1947.8, requires the owner to declare under penalty of perjury that as of the date of the request the property was in compliance with SMRCCA and in substantial compliance with applicable state or local housing, health or safety law. This requirement cannot properly be a precondition for certification of permissible rent as such a requirement conflicts with the requirements of subdivision (c) of Civil Code section 1947.7, by effectively preventing the certification in cases where the landlord cannot honestly execute such a declaration, for the very reason the landlord is uncertain of compliance with all the regulations and statutes which may apply including permissible rent restrictions.

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