Givoni v. Santa Monica Rent Control Board

Opinion

BOREN, J.

The Santa Monica Rent Control Board (Board) appeals after the superior court issued a writ of mandate sought by Judith and Baruch

[96]

Givoni. The writ of mandate was based on the court’s interpretation of the rent control law (Santa Monica City Charter, art. XVIII). The court mandated that the Board (1) vacate a base rent of $360 because the rental unit was converted to a condominium, owner occupied, and not a “controlled” rental unit on April 10, 1979, the effective date of the rent control law, and (2) use as the base rent $850, the first rent charged (on February 1, 1982) after the effective date of the rent control law. We affirm.

Facts

In 1975, the rental unit in question was part of an apartment building owned by one owner, Robert McGuirk. Marilyn Blake was then the tenant in the rental unit and paid $325 per month for rent. In 1977, her rent was raised to $360 per month until her tenancy ended on approximately June 15, 1978. Soon thereafter, McGuirk converted the apartment building into condominiums. In December of 1978, McGuirk sold the rental unit in question, as a condominium unit, to Ned Wynn. Wynn owned and resided in the unit until June of 1981, when he sold it to the Givonis.

After the sale in June of 1981, the Givonis rented the unit back to the former owner, Wynn, for one month. The rent was established in the offer to purchase and in the escrow instructions as $1,000. A realtor registered the unit with the Board at the $1,000 figure, and explained that the amount was not actually paid but was “credited through escrow.”

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In February of 1982, the Givonis rented the unit to Loretta Khastoo, who paid $850 per month for rent. In July of 1986, Alex Ruggiero rented the unit for $1,200 per month.

In December of 1987, Ruggiero filed a base rent determination petition with the Board, seeking a reduction of the base rent to the first rent level after April 10, 1978, which he believed, based on his discussions “with all former occupants of my unit and with former tenants,” was “$850.” On June 1, 1988, a hearing examiner for the Board determined that the “base rent” for