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exceptions to the allowable grounds for eviction, and Rule 12.20’s prohibition on evicting
tenants for violating unilaterally-imposed terms of the tenancy improperly created an
additional exception and constituted improper legislation by the Rent Board. As a result,
Britton argues, Rule 12.20 did not further the purposes of the Rent Ordinance.
The principles we apply to such a claim are well established. “When reviewing
the legality of a regulation adopted pursuant to a delegation of legislative authority, we
are limited to determining (1) whether the regulation is within the scope of the authority
conferred; and (2) whether the regulation is reasonably necessary to effectuate the
purpose of the statute. [Citations.] ‘In enacting such rules and regulations, the [Rent
Board] is empowered to “ ‘fill up the details’ ” of the enabling legislation. [Citation.]
The court’s role is to decide whether in enacting the specific rule the [Rent Board]
reasonably interpreted the legislative mandate. [Citation.]’ [Citation.] ‘As a general
proposition, administrative regulations are said to be “shielded by a presumption of
regularity” [citation] and presumed to be “reasonable and lawful.” [Citation.] The party
challenging such regulations has the burden of proving otherwise. [Citation.]’
[Citation.]” (Danekas, supra, 95 Cal.App.4th at p. 644.) “In deciding whether the
regulation conflicts with its legislative mandate, however, the court does not defer to the
agency’s interpretation of the law under which the regulation issued, but rather exercises
its own independent judgment.” (Lazarin v. Superior Court (2010) 188 Cal.App.4th
1560, 1569.)
The enabling legislation here is the Rent Ordinance, which grants the Rent Board
the power to “[p]romulgate policies, rules and regulations to effectuate the purposes of”
the Rent Ordinance. (Rent Ord., § 37.6, subd. (a).)
The premise of Britton’s argument is that the Rent Ordinance established certain
grounds for eviction and enumerated certain exceptions to those grounds; relying on the
legal maxim expressio unius est exclusio alterius, Britton contends that by specifying