1041 20TH St., LLC v. Santa Monica Rent Control Bd.

Good Law
250 Cal. Rptr. 3d 376·38 Cal. App. 5th 27
Court of Appeal of CaliforniaJuly 30, 2019B290242; B290956; B291240California6,805 words

Opinion

Lead Opinion

Kim, J.

*379 *32 I. INTRODUCTION

Plaintiffs, 1041 20th Street, LLC and ASN Santa Monica, LLC, filed petitions for writs of administrative mandamus ( Code Civ. Proc., § 1094.5 ), and 1041 20th Street, LLC also filed a complaint for declaratory relief, requesting, among other things, a finding that defendant Santa Monica Rent Control Board (the Board) was equitably estopped from asserting that rental properties were subject to rent control. 1 The trial court granted the petitions and the requested declaratory relief. The Board appeals, contending that it did not have authority to permanently exempt rental units from rent control by a permit pursuant to the Santa Monica City Charter, article XVIII, section 1803(t), 2 and thus could not be equitably estopped. We agree and reverse.

*33 II. BACKGROUND

A. Santa Monica's Rent Control Law

"In April 1979, the City of Santa Monica (the City) adopted a rent control charter amendment (... the Rent Control Law) and created an elected rent control board (Board) to regulate rentals. Among other things, the Rent Control Law requires that owners register each rental unit and pay annual registration fees to the Board, establishes *380 maximum…

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