Indian Springs, Ltd. v. Palm Desert Rent Review Board

Petitioner Indian Springs, Ltd., the owner of Indian Springs Mobile Home Park in Palm Desert, California (park owner, owner), appeals herein from the order of the trial court denying its petition for a writ of mandate directing respondent Palm Desert Rent Review Board (Board) to set aside its July 10, 1985, decision for a hardship rental increase to petitioner of $22.05 per month per space and for an order directing the Board to enter a decision that park owner be granted a hardship rent increase in the sum of $28.97 per month per space. It is contended by owner that the Board committed an abuse of discretion in erroneously interpreting the City of Palm Desert rent control regulations controlling entitlement to hardship increases in mobilehome rents. It is urged that the Board was required to treat the sum of $19,100 of owner’s capital expenses paid in 1984 as an operating expense rather than to amortize that cost over five years.

Facts

On June 23, 1983, the Palm Desert City Council enacted ordinance No. 329 (Palm Desert City Code, ch. 9.50) in which it created a mobilehome park rent review board consisting of five members. The declared purpose of the ordinance was to…