Mak v. City of Berkeley Rent Stabilization Board, 240 Cal. App. 4th 60 (2015)

Citation: Mak v. City of Berkeley Rent Stabilization Board, 240 Cal. App. 4th 60 (2015)
Parent Document: Mak v. City of Berkeley Rent Stabilization Board, 240 Cal. App. 4th 60 (2015)
Jurisdiction: California (state)
Effective Date: 2015-09-02
Original Source: https://www.courtlistener.com/opinion/2837910/mak-v-city-of-berkeley-rent-sta... ↗

Full Text

1,549 chars

2
       Specifically, section 1954.52, subdivision (a) provides in pertinent part that “an
owner of residential real property may establish the initial and all subsequent rental rates
for a dwelling or a unit . . . which . . . [¶] . . . has a certificate of occupancy issued after
February 1, 1995” but that “[t]his paragraph does not apply to . . . [¶] . . . [a] dwelling or
unit where the preceding tenancy has been terminated by the owner by notice pursuant to
section 1946.1.” 2 Section 1954.53, subdivision (a) repeats that “an owner of residential
real property may establish the initial rental rate for a dwelling or unit, except where . . .
[¶] . . . [t]he previous tenancy has been terminated by the owner by notice pursuant to
section 1946.1.” Section 1954.52, subdivision (c) provides: “Nothing in this section shall
be construed to affect the authority of a public entity that may otherwise exist to regulate
or monitor the grounds for eviction,” and this qualification is repeated in section 1954.53,
subdivision (e).
       Under Berkeley’s “Rent Stabilization and Eviction for Good Cause Ordinance”
(rent ordinance) (Berkeley Mun. Code, ch. 13.76), “No landlord shall be entitled to
recover possession of a rental unit covered by the terms of this chapter unless said
landlord shows the existence of one of the following grounds: [¶] 9a. The landlord seeks
in good faith with honest intent and without ulterior motive to recover possession for
his/her own use and occupancy as his/her principal residence for a period of at least 36

Other Sections in This Document (25)

Full Text