Valnes
Valnes v. Santa Monica Rent Control Board
Opinion
Opinion
Spencer, J.
Introduction
Plaintiff Robert D. Valnes (hereafter petitioner) appeals from a judgment denying his petition for writ of mandate (Code Civ. Proc., § 1085).
Statement of Facts
Petitioner owns a condominium in the City of Santa Monica which he rents to real party in interest Anni Luciani. The condominium was converted from an apartment after Santa Monica’s rent control laws took effect and without a removal permit, making it subject to the rent control laws and precluding eviction of the tenant in residence at the time of conversion (Santa Monica City Charter, art. XVIII, § 1806(h)(6)).
Desiring to “go out of the business of renting residential housing,” as permitted by the Ellis Act (Gov. Code, §§ 7060-7060.7), petitioner attempted to file with defendant Santa Monica Rent Control Board (Board) a “Notice of Intent to Withdraw Residential Rental Units.” The Board requires such notice to be filed with it before a landlord may go out of the residential rental business pursuant to the terms of the Ellis Act. (Santa Monica Rent Control Board Regs., ch. 16, § 16002.) The Board refused to accept petitioner’s notice for filing on the ground the Ellis Act does not apply to…