Givoni

The Santa Monica Rent Control Board (Board) appeals after the superior court issued a writ of mandate sought by Judith and Baruch Givoni. The writ of mandate was based on the court’s interpretation of the rent control law (Santa Monica City Charter, art. XVIII). The court mandated that the Board (1) vacate a base rent of $360 because the rental unit was converted to a condominium, owner occupied, and not a “controlled” rental unit on April 10, 1979, the effective date of the rent control law, and (2) use as the base rent $850, the first rent charged (on February 1, 1982) after the effective date of the rent control law. We affirm.

Facts

In 1975, the rental unit in question was part of an apartment building owned by one owner, Robert McGuirk. Marilyn Blake was then the tenant in the rental unit and paid $325 per month for rent. In 1977, her rent was raised to $360 per month until her tenancy ended on approximately June 15, 1978. Soon thereafter, McGuirk converted the apartment building into condominiums. In December of 1978, McGuirk sold the rental unit in question, as a condominium unit, to Ned Wynn. Wynn owned and resided in the unit until June of 1981, when he sold it…