Abramson
Abramson v. City of West Hollywood
Opinion
Opinion
Spencer, J.
Mayme Abramson appeals from the judgment entered following denial of her petition for a writ of mandate (Code Civ. Proc., § 1094.5) challenging a resolution of respondent City of West Hollywood Rent Stabilization Commission (Commission), which denied her application for a rent increase. We find that City calculated Abramson’s gross rental income in an unauthorized manner and therefore reverse.
Background
Abramson is an elderly widow who owns a nine-unit apartment building in West Hollywood. She resides in one of the units. In 1985, the newly created City of West Hollywood enacted a rent stabilization ordinance (Ordinance), the purpose of which is “to protect tenants from unreasonable and excessive rents . . . and at the same time to ensure a just and reasonable return to landlords.” (West Hollywood Mun. Code, § 6401.)
Under Ordinance, rent increases are automatically permitted which provide landlords with an amount not to exceed 75 percent of the increase in the consumer price index, and when a rental unit is voluntarily vacated after five years or more. (§§ 6409-6410.) Upon application, City is required to “permit rent increases in the MAR [maximum allowable rent]…