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... ↗

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The narrow holding of this case is only that the Board’s order was unconstitutional because it did not allow the landlord sufficient time to seek *391a stay. As a factual matter, the only reason that the order here became “self-executing” and the tenant withheld rent before the court had an opportunity to decide whether to stay the order was that the landlord waited three months before requesting a stay. The Board issued its order in March, authorizing rent withholding for April, May and June. Starting in April the tenant withheld rent. Since the order was effective immediately, the landlord could have petitioned for judicial relief immediately, and sought a stay, before the withholding started in April. Instead, the landlord waited until late June to seek judicial relief and a stay.

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