INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 1808

Citation
Section 1808
Parent Document
McHugh v. Santa Monica Rent Control Board, 777 P.2d 91 (1989)
Jurisdiction
California (state)
Effective Date
1989-08-17
Original Source
https://www.courtlistener.com/opinion/1156663/mchugh-v-santa-monica-rent-cont... ↗

Other Sections in This Document (387)

Full Text

594 chars 
The ordinance provides that a tenant “may deduct the penalty from future rent payments in the manner provided by the Board.” A Board regulation provided that its orders were final immediately. In this action, the Board authorized one tenant to withhold rent in the first month following the Board’s decision, and for additional months, and provided that the withholding should not be the basis for an unlawful detainer proceeding based on nonpayment of rent. The majority conclude that the order is unconstitutional because it was immediately enforceable at the “discretion of a private party.”