RECENT CALIFORNIA DECISIONS

August/September 2003

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Landlord’s Notices to Rent Control Board Regarding Property’s Availability in Rental Market Did Not Insulate Landlord from Prior-Rents Scrutiny by Board
Santa Monica Rent Control Board v. Pearl Street, LLC, et al.

The Second District Court of Appeal recently held that the amount of rent charged by a landlord is a legitimate subject for judicial inquiry, regardless of whether the cause of action was triggered by the landlord’s filing of documents with the local rent control agency. The court found that the board’s lawsuit did not arise from the documents submitted to the board by defendant. Rather, the documents “triggered” the suit by bringing to light defendants’ activities prior to the filing of the documents.