Apartment Ass'n of Greater Los Angeles v. Santa Monica Rent Control Board, 24 Cal. App. 4th 1730 (1994)

Citation: Apartment Ass'n of Greater Los Angeles v. Santa Monica Rent Control Board, 24 Cal. App. 4th 1730 (1994)
Parent Document: Apartment Ass'n of Greater Los Angeles v. Santa Monica Rent Control Board, 24 Cal. App. 4th 1730 (1994)
Jurisdiction: California (state)
Effective Date: 1994-05-19
Original Source: https://www.courtlistener.com/opinion/2263659/apartment-assn-of-greater-los-a... ↗

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involved such a special relationship and an ordinance which provided (1) a presumption that the net operating income produced by the property during the base year provided a fair return, and (2) an opportunity to rebut the presumption by establishing, inter alia, that the rent on the base date was disproportionately low because it was not established in an arm’s-length transaction or other peculiar circumstances. (223 Cal.App.3d at p. 1345 and fn. 1.) Neither case held that all landlords have the right to have their base rent adjusted merely by showing that the base rent was below market. 7 Respondents’ position that “Birkenfeld and Vega

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