Oviedo v. Windsor Twelve Properties, LLC, 212 Cal. App. 4th 97 (2012)

Citation: Oviedo v. Windsor Twelve Properties, LLC, 212 Cal. App. 4th 97 (2012)
Parent Document: Oviedo v. Windsor Twelve Properties, LLC, 212 Cal. App. 4th 97 (2012)
Jurisdiction: California (state)
Effective Date: 2012-11-19
Original Source: https://www.courtlistener.com/opinion/5811531/oviedo-v-windsor-twelve-properties-llc/ ↗

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LAMC section 151.04 provides that “It shall be unlawful for any landlord to demand, accept or retain more than the maximum adjusted rent permitted pursuant to this chapter or regulation or orders adopted pursuant to this chapter.” These increases are generally limited to one per 12-month period and by a rate no higher than an annual percentage increase established by the Los Angeles Housing Department (LAHD). However, the Costa-Hawkins Rental Housing Act (Civ. Code, § 1954.50 et seq.; CHRHA), provides “that the landlord may increase the rent by any amount to the lawful sublessee or assignee of the original occupant when the original occupant no longer resides in the unit permanently and the sublessee or assignee did not reside in the unit prior to January 1,1996.” (Cobb v. San Francisco Residential Rent Stabilization & Arbitration Bd. (2002) 98 Cal.App.4th 345, 351-352 [119 Cal.Rptr.2d 741]; see Civ. Code, § 1954.53, subd. (d)(2).)

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