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Danekas v. San Francisco Residential Rent Stabilization and Arbitration Board

95 Cal.App.4th 638, 115 Cal. Rptr. 2d 694 (2001)

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Danekas v. San Francisco Residential Rent Stabilization and Arbitration Board

California Court of Appeal

95 Cal.App.4th 638, 115 Cal. Rptr. 2d 694 (2001)

Facts

In 1979, the San Francisco Board of Supervisors (supervisors) created the San Francisco Residential Rent Stabilization and Arbitration Board (board) (defendant) and charged the board with administering the city’s rent ordinance. In 1999, the supervisors amended the ordinance to prohibit landlords from evicting tenants for subletting their apartments. The board adopted a new regulation to implement this so-called Leno Amendment. N. Arden Danekas (plaintiff) sued to overturn the regulation. In support of his contention that the board lacked authority to adopt the regulation, Danekas cited a section of the rent ordinance that seemingly limited the board’s purpose to regulating rent increases. Danekas also contended that the regulation improperly exceeded the scope of the Leno Amendment, which Danekas interpreted as limited to situations in which the parties had expressly or impliedly agreed to the tenant’s right to sublet. Danekas appealed the trial court’s dismissal of his suit to the California Court of Appeal.

Rule of Law

Issue

Holding and Reasoning (Simons, J.)

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