McMullan v. Santa Monica Rent Control Board

Opinion

ROTH, P. J.

Respondents sought to convert to condominiums four apartment units owned by them in the City of Santa Monica and to this end on

[962]

July 17, 1978, received approval by the city council of that city of their tentative subdivision map, pursuant to the Subdivision Map Act. (Gov. Code, § 66410 et seq.) Final approval of the map was granted April 24, 1979.

Between these dates, and on April 10, 1979, the people of Santa Monica, by initiative, amended their city charter to provide for a comprehensive scheme of rent control of residential rental units. In aid of the scheme, section 1803(t) of the amended charter provided that such units could be

removed

from the rental housing market, by demolition, conversion or other means, only upon the granting under specified standards by a newly created rent control board (Board) of a “removal permit.”

On June 26, 1980, respondents filed with the Board their claim for vested rights, wherein they urged that under the circumstances described they were not subject to the requirements of section 1803(t). Following hearing, that claim was denied.

Respondents then filed their petition for writ of mandate to vacate the denial and to declare them exempt from the section. No application for the permit was ever made. The petition was granted and this appeal followed. For the reasons hereinafter set out, we reverse.

In support of their petition, without challenging the denial of their claim on the merits, respondents urged the Subdivision Map Act preempted the field encompassing the purported application of section 1803(t) and that that section was in any event unconstitutional. The trial court, in its minute order on the question, on the other hand, opined that: “The Court feels itself bound under the doctrine of

Stare Decisive

[sic] by the decision of the Court of Appeal in

El Patio v Permanent Rent Control Board,