Rent board grants owner-occupancy exemption to Manuel Nelson

The Santa Monica Rent Control Board voted unanimously to grant an owner-occupancy exemption for a property associated with Manuel Nelson after staff concluded he met the board's residency standard.

Staff told commissioners the application concerned an exemption filed for the property referenced in the record and that Nelson purchased the property in 2015 and had been granted an owner-occupancy exemption in January 2016. Staff said Nelson failed to return annual verification forms in 2022 and did not dispute notices of loss the following year, which caused the exemption to lapse by operation of law. Nelson reapplied; the application was filed on Nov. 14, 2024. Staff recommended granting the exemption after reviewing utility, financial and government records and a hearing investigator's site observations that the property was occupied.

The recommendation drew discussion from commissioners about the types of evidence the board weighs when deciding owner-occupancy claims. Commissioner Ambras said she found the applicant's utility, cellphone, internet, credit card and government records persuasive and noted the hearing officer's site visit supported occupancy. She said bills such as property tax, mortgage and water were less dispositive because owners often pay them whether they live in a unit or not.

A motion to grant the exemption and adopt the proposed findings of fact and conclusions of law was made and seconded. The board approved the motion by roll call: Commissioners Ambras, Dedeck, Ivanoff, Vice Chair Gonska and Chair Leslie all voted yes. The chair announced the motion carried.

The board's action adopts the hearing officer's factual findings and legal conclusions as described in the staff report; staff recorded one typographical correction to a deed date in the proposed findings (the deed year shown in the draft finding should read 2015).