Drouet v. Superior Court, 73 P.3d 1185 (2003)

Citation: Drouet v. Superior Court, 73 P.3d 1185 (2003)
Parent Document: Drouet v. Superior Court, 73 P.3d 1185 (2003)
Jurisdiction: California (state)
Effective Date: 2003-08-11
Original Source: https://www.courtlistener.com/opinion/2585536/drouet-v-superior-court/ ↗

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Nash involved a section of the Santa Monica City Charter that prohibited landlords from withdrawing rental units from the market absent a removal permit from the Santa Monica Rent Control Board. To obtain a removal permit, a landlord had to show that removal would not and could not displace low- or moderate-income persons, that removal would not adversely affect the city’s supply of housing, and that the landlord could not make a fair return on investment by retaining the unit. (Nash, supra, 37 Cal.3d at pp. 100-101, fn. 3.) In Nash, we rejected a due process challenge to this procedure (id. at p. 103), even though (as the dissent observed) it compelled a landlord “to remain in business against his will” and gave him “only the alternative of a forced sale.” (Id. at p. 111 (dis. opn. of Mosk, J.).)

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