Abramson

Abramson v. City of West Hollywood

Good Law
1992 Cal. App. LEXIS 841·7 Cal. App. 4th 1121·9 Cal. Rptr. 2d 507·92 Daily Journal DAR 9186·92 Cal. Daily Op. Serv. 5887
Court of Appeal of CaliforniaJune 30, 1992B059370California2,761 words

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]…

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