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Joseph Miguel
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Oakland, CA - rent control - base year - fair return?!

Joseph Miguel
Posted

What is oaklands 'base year' for determining a 'fair return' under rent control? Can i use state mandated covid lockdowns as exemptions?

Per https://www.ci.richmond.ca.us/DocumentCenter/View/61839/MNOI...
Fair return defined Kenneth Barr method (MNOI) which the Courts have agreed with:
“as the price controls are not confiscatory; i.e, they do not deprive investors
of a fair return on their investment.”  fair return methodology used must be “concerned with the financial integrity of the business
as a whole, not the ability to obtain a return on a discrete portion of the business.”

MNOI presumes that the rents Landlords chose to charge, in a year free from
the idea of rent control, provided Landlords a fair return on their investment,
as the rents that were charged were based on general market conditions, and
not the upward pressure that policy discussions of rent control may have on
the market.

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Bruce Woodruff
#1 Contractors Contributor
  • Contractor/Investor/Consultant
  • San Diego / Phoenix
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Bruce Woodruff
#1 Contractors Contributor
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Replied

That is BS. The Gov't has zero business being involved in business profits. Get the H out of that town...

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