301 Ocean Avenue Corp. v. Santa Monica Rent Control Board

Opinion

ORTEGA, J.

Appellant, a Santa Monica landlord, petitioned for writ of mandate to overturn the Santa Monica Rent Control Board’s (Board) determination that parking is a base amenity for 38 of the 46 rent controlled units in appellant’s building. The superior court applied the substantial evidence test and upheld the Board’s determination. This appeal followed. Under the facts of this case, we conclude the Board’s determination of base amenities affects appellant’s fundamental vested right to control the use of property, and warrants the application of the independent judgment test. We…