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Mosser Companies v. San Francisco Rent Stabilization and Arbitration Board, A141134

In this case involving an apartment subject to rent control under the San Francisco Residential Rent Stabilization and Arbitration Ordinance, which limits rent increases to tenants in occupancy, the San Francisco Rent Stabilization and Arbitration Board (rent board) and the trial court concluded that the son of two original occupants who entered a rental agreement years before at a restricted rate is himself an "original occupant" within the meaning of Civil Code section 1954.53, precluding the landlord from establishing a new unrestricted rental rate for the apartment when the son remains after the parents have departed. The denial of the landlord's petition for a writ of mandate challenging the rent board's action is affirmed, where: 1) the son has continuously resided with his parents from when the restricted rental agreement was first entered, with the landlord's consent; 2) the fact that the son was a minor when the rental agreement was entered and that he was not a signatory to the agreement does not affect his designation as an "original occupant" entitled to the continued protection of the rent control provision; and 3) the current rent control statute incorporates no qualifications when a tenancy passes from one generation to the next.

Appellate Information

  • Decided 01/21/2015
  • Published 01/21/2015

Judges

  • Pollak

Court

  • California Court of Appeal

Counsel