Javidzad

Defendants and appellants the City of Santa Monica (City), the Santa Monica Rent Control Board (Board), and William Rome (Rome) (collectively, appellants), appeal a judgment granting a petition for peremptory writ of mandate. The judgment directed the City and the Board to process an application by plaintiffs and respondents Fariborz Javidzad, Faramarz Javidzad, and Moussa Javidzad (collectively, the Javidzads) for a demolition permit without requiring the Javidzads first to obtain from the Board a removal permit authorizing the permanent removal of the property from the rental housing market.

The Ellis Act (the Act) (Gov. Code, § 7060 et seq.) is in direct conflict with the City Charter, article XVIII, section 1803(t) (§ 1803(t)), which section requires a landlord seeking to withdraw a controlled rental unit from the housing market first to obtain a removal permit; therefore, the Act preempts section 1803(t). The City’s argument that section 1803(t) is merely a land use regulation consistent with the Act is rejected. For these reasons, the judgment is affirmed.

Statement of the Case

In 1979, the City electorate adopted an initiative measure adding comprehensive rent…