BOHBOT

We are here called upon to interpret various provisions relating to Santa Monica’s Rent Control Law (RCL), specifically those relating to owner-occupancy evictions in condominium units. The RCL was adopted in 1979. It provided that landlords could evict tenants for owner-occupancy. Under this initial version of the RCL, landlords were prevented from converting their apartments into condominiums unless they obtained removal permits.

Two important changes occurred in 1984. First, in May of that year, Santa Monica voters adopted a second means by which apartments could be converted into condominiums, the Tenant Ownership Rights Charter Amendment (TORCA). Under TORCA, a conversion could be accomplished without a removal permit if the tenants were offered an opportunity to purchase their units, and two-thirds of the tenants supported the conversion application. TORCA also granted a protection against owner-occupancy evictions to all tenants in the building at the time of the conversion who chose not to purchase. With respect to the tenants who rented after the conversion, TORCA gave no protection, and the general provision of the RCL permitting owner-occupancy evictions…