Section 1808

Citation: Section 1808
Parent Document: McHugh v. Santa Monica Rent Control Board, 777 P.2d 91 (1989)
Jurisdiction: California (state)
Effective Date: 1989-08-17
Original Source: https://www.courtlistener.com/opinion/1156663/mchugh-v-santa-monica-rent-cont... ↗

Full Text

1,260 chars

Two tenants, Smith and Plevka, filed an administrative complaint under the Charter Amendment, asserting plaintiff McHugh had charged them excess rent. After a hearing officer made initial determinations and orders, all parties appealed to the Board. The Board held the tenants had been overcharged, and awarded restitution of excess rent as well as treble damages. It expressly authorized Plevka (who remained in possession of the rental unit) to withhold $2,797.91, calculated as follows: $2,448 in treble damages ($816 for excess rent charged before the hearing examiner’s findings, multiplied by three) plus $252 (excess rent charged after the hearing examiner’s findings) plus $97.91 (interest on excess rents). The Board’s order further stated, “The withheld amounts shall not form the basis for an unlawful detainer proceeding based upon non-payment of rent.” (See § 1806, subd. (a).) The Board ruled that Smith (who had since vacated the rental unit) was entitled to total recovery of $1,593.08, calculated as follows: $1,411.50 in treble damages ($470.50 in excess rent charged before the hearing examiner’s findings, multiplied by three) plus $130 (excess rent *355charged after the hearing examiner’s findings) plus $51.58 (interest on excess rents).

Other Sections in This Document (387)

Full Text