Berman

Berman v. City of West Hollywood Rent Stabilization Department

Good Law
197 Cal. App. 3d 837·1988 Cal. App. LEXIS 18·243 Cal. Rptr. 144
Court of Appeal of CaliforniaJanuary 12, 1988No. B023596California1,672 words

Opinion

Lead Opinion

Danielson, J.

*839 Opinion

Marianne Berman (plaintiff) appeals from a judgment 1 in favor of the City of West Hollywood (the City), City of West Hollywood Rent Stabilization Department (the Department), and Adam Moos (Moos), director of that department, (collectively, defendants). Eugene R. Scholler (Scholler), plaintiff’s tenant, is not a party to this appeal. We affirm the judgment.

Factual and Procedural Statement

On December 17, 1985, plaintiff filed a verified complaint seeking declaratory and injunctive relief based on the following pertinent allegations:

On June 27, 1985, the City enacted a rent control ordinance (ordinance), which was enforced by the Department and Moos. On December 7, 1985, plaintiff was served with a notice of hearing informing her that section 6412 of the ordinance (§ 6412) was being invoked against her and that at the hearing the Department would determine whether the rent of plaintiff’s tenant would be lowered based on plaintiff’s alleged failure to provide the tenant with certain services at apartment number 15, 1265 North Harper Avenue. Plaintiff took the contrary position that since the apartment was leased on an “as is” basis, she was not required pursuant…

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