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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The Board’s position is that the adjustment mechanism of Regulation 4103 should be available only to those owners upon whom the regulatory scheme was initially imposed, whose reasonable expectations would have been violated had rents been frozen at levels not negotiated in an arms-length transaction. The Board contends that post-rent-control purchasers should not have an opportunity to rebut the fair return presumption of Regulation No. 4102 because those purchasers bought their properties well-aware of the existing controlled schedule of rents and the rent control program. The Board argues that if the post-rent-control buyers can have the base rent increased, they will be receiving a greater than expected return on their properties.

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