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Regulation
3304 recently promulgated by the Santa Monica Rent Control
Board allows owners to raise rents to fair market levels if the
rental unit is not the primary place of residence of the tenant.
There are definitions, procedures and guidelines established by
the Board. As of the time of writing of this article, 64 filings
have been recorded at the Santa Monica Rent Control Board, 6 cases
are set for hearing in the next few weeks and 2 administrative
decisions were granted without a hearing as the tenants did not
show up and 13 cases were dismissed because the Rent Control Board
did not believe that there was a prima facie case established
by the filings.
As
soon as the Rent Control Board publishes decisions, we shall attempt
to analyze the decisions to determine if there is any method to
the granting of the request or any method to the denial of the
request.
It
is my belief that there are many controlled residential rental
units that are not occupied by tenants as their principle place
of residence. We can curtail this abuse of the system now that
the Santa Monica Rent Control Board has created this procedure.
However, it is up to each and every owner to recognize the opportunity
and file the petition with the Rent Control Board. You can obtain
a copy of the procedures and application forms from the Santa
Monica Rent Control Board or you can have an attorney assist you.
Summary
of the steps for filing a Petition for Determination of Tenant(s)
Not In Occupancy:
1. Serve the tenant(s), occupant(s) and tenant’s
agent(s) at all known addresses with a written notice
that you intend to file a Petition for Determination of
Tenant(s) Not In Occupancy and the bases for that petition.
This must be done between 10 and 30 days prior to filing
the petition.
2. Complete a Proof of Service Form.
3. File the Petition, with a copy of the Notice(s), the
Proof of Service form(s)and documentary evidence.
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