California Court of Appeal

Santa Monica Properties v. Santa Monica Rent Control Board, B227868

In a challenge to a rent control board's decision to lower the rents of two tenants because their landlord lowered the temperature on a hot tub and altered a sauna's timer knob, the trial court's judgment in favor of the board is: 1) reversed as to the landlord's petition for writ of administrative mandate, as the board may not order a rent decrease based solely on a landlord's act of changing the temperature of a hot tub or sauna, without a finding, supported by substantial evidence, that the temperature changes affected the landlord's return or the fairness of the rent paid by tenants; and 2) affirmed as to the landlord's petition for writ of traditional mandate seeking to compel the board to adopt regulations providing for final action on rent decrease petitions within 120 days.

Appellate Information

• Decided 02/16/2012
• Published 02/16/2012

Judges

• Bigelow

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• David R. Akin, Amy J. Regalado