Bisno v. Santa Monica Rent Control Board

130 Cal. App. 4th 816 (2005)

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Bisno v. Santa Monica Rent Control Board

California Court of Appeal
130 Cal. App. 4th 816 (2005)

DD

Facts

The City of Santa Monica (city) had a rent-control law that set the permissible level for rent increases. In implementing the rent-control law, the Santa Monica Rent Control Board (board) (defendant) adopted Regulation 3304. Regulation 3304 allowed a landlord to petition the board for a determination that a tenant was not occupying the rental property as his principal place of residence. If such a determination was made by the board, the landlord was authorized to increase rent to the market rate. Robert Bisno (plaintiff) rented an apartment in the city from Douglas, Emmett, & Company. Douglas, Emmett, & Company provided evidence to the board showing that the apartment was not Bisno’s principal place of residence. Therefore, the board authorized an increase in Bisno’s rent. Subsequently, Bisno brought suit against the board, contending that Regulation 3304 was invalid. The trial court held that Regulation 3304 was valid. Bisno appealed.

Rule of Law

Issue

Holding and Reasoning (Spencer, J.)

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