Esther Blaich v. West Hollywood Rent Stabilization Department

*1174 Opinion

Esther Blaich and Jacob Blaich, owners of property in the City of West Hollywood containing residential apartments subject to the city’s rent stabilization ordinance, appeal from the judgment entered after their petition for writ of mandate against the city’s rent stabilization department (Department) was dismissed as untimely. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

On June 17, 2008 Desiree Jade Sol, a tenant of one of the Blaiches’ rental units, filed a petition for an individual rent adjustment seeking a rent reduction and compensation for past rent overcharges collected by the Blaiches during Sol’s tenancy. On September 24, 2008 a hearing examiner for the Department issued a written decision adjusting the rent to $663.27 and finding the Blaiches had overcharged Sol in the amount of $12,211.88. The Blaiches’ appeal to the West Hollywood Rent Stabilization Commission was denied at a public hearing on November 13, 2008.

The Blaiches filed a timely request for preparation of the administrative record pursuant to Code of Civil Procedure section 1094.6, subdivisions (c) and (d). 1 In accordance with the requirements of section 1013, subdivision (c), which…