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

930 chars

In 1984 the Charter Amendment was revised. The new law retained the alternative court/administrative enforcement scheme and rent withholding remedy, but altered the provisions for monetary recovery in excess of the amount of overpaid rent. Under the revised version, treble damages are available only in a court action. (§ 1809, subds. (a), (b).) In an administrative action, a more limited “penalty” is available: “a landlord . . . may be liable for an additional amount not to exceed five hundred dollars ($500), for costs, expenses incurred in pursuing the hearing remedy, damages and penalties. The tenant shall bear the burden of showing entitlement to the penalty.” (§ 1809, subd. (b)(2).) The subdivision further provides that if the tenant vacates the premises before completing withholding of the excess rent and penalties, the landlord “shall” pay the tenant “a sum equal to that which could have been withheld.” (Ibid.)

Other Sections in This Document (387)

Full Text