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Legal
Column, July
2003
By
Gordon P. Gitlen, Esq.
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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