onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

California Civil Code Section 1947.8

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 1947.8

Sponsored Links

(a) If an ordinance or charter controls or establishes a
system of controls on the price at which residential rental units may
be offered for rent or lease and requires the registration of rents,
the ordinance or charter, or any regulation adopted pursuant
thereto, shall provide for the establishment and certification of
permissible rent levels for the registered rental units, and any
changes thereafter to those rent levels, by the local agency as
provided in this section.
   (b) If the ordinance, charter, or regulation is in effect on
January 1, 1987,  the ordinance, charter, or regulation shall provide
for the establishment and certification of permissible rent levels
on or before January 1, 1988, including completion of all appeals and
administrative proceedings connected therewith.  After July 1, 1990,
no local agency may maintain any action to recover excess rent
against any property owner who has registered the unit with the local
agency within the time limits set forth in this section if the
initial certification of  permissible rent levels affecting that
particular property has not been completed, unless the delay is
willfully and intentionally caused by the property owner or is a
result of court proceedings or further administrative proceedings
ordered by a court. If the ordinance, charter, or regulation is
adopted on or after January 1, 1987, the ordinance, charter, or
regulation shall provide for the establishment and certification of
permissible rent levels within one year after it is adopted,
including completion of all appeals and administrative proceedings
connected therewith. Upon the request of the landlord or the tenant,
the local agency shall provide the landlord and the tenant with a
certificate or other documentation reflecting the permissible rent
levels of the rental unit.  A landlord may request a certificate of
permissible rent  levels for rental units which have a base rent
established, but which are vacant and not exempt from registration
under this section. The landlord or the tenant may appeal the
determination of the permissible rent levels reflected in the
certificate.  The permissible rent levels reflected in the
certificate or other documentation shall, in the absence of
intentional misrepresentation or fraud, be binding and conclusive
upon the local agency unless the determination of the permissible
rent levels is being appealed.
   (c) After the establishment and certification of permissible rent
levels under subdivision (b), the local agency shall, upon the
request of the landlord or the tenant, provide the landlord and the
tenant with a certificate of the permissible rent levels of the
rental unit.  The certificate shall be issued within five business
days from the date of request by the landlord or the tenant.  The
permissible rent levels reflected in the certificate shall, in the
absence of intentional misrepresentation or fraud, be binding and
conclusive upon the local agency unless the determination of the
permissible rent levels is being appealed.  The landlord or the
tenant may appeal the determination of the permissible rent levels
reflected in the certificate.  Any appeal of a determination of
permissible rent levels as reflected in the certificate, other than
an appeal made pursuant to subdivision (b), shall be filed with the
local agency within 15 days from issuance of the certificate.  The
local agency shall notify, in writing, the landlord and  the tenant
of its decision within 60 days following the filing of the appeal.
   (d) The local agency may charge the person to whom a certificate
is issued a fee in the amount necessary to cover the reasonable costs
incurred by the local agency in issuing the certificate.
   (e) The absence of a certification of permissible rent levels
shall not impair, restrict, abridge, or otherwise interfere with
either of the following:
   (1) A judicial or administrative hearing.
   (2) Any matter in connection with a conveyance of an interest in
property.
   (f) The record of permissible rent levels is a public record for
purposes of the California Public Records Act, Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code.
   (g) Any notice specifying the rents applicable to residential
rental units which is given by an owner to a public entity or tenant
in order to comply with Chapter 12.75 (commencing with Section 7060)
of Division 7 of Title 1 of the Government Code shall not be
considered a registration of rents for purposes of this section.
   (h) "Local agency," as used in this section, means the public
entity responsible for the implementation of the ordinance, charter,
or regulation.
   (i) Nothing in this section shall be construed to grant to any
public entity any power which it does not possess independent of this
section to control or establish a system of control on the price at
which accommodations may be offered for rent or lease, or to diminish
any such power which that public entity may possess, except as
specifically provided in this section.

Section: Previous  1946  1946.1  1946.5  1946.7  1947  1947.3  1947.7  1947.8  1947.10  1947.11  1947.15  1948  1949  1950  1950.5  Next

Last modified: January 12, 2009