Foster v. Britton, 242 Cal. App. 4th 920 (2015)

Citation: Foster v. Britton, 242 Cal. App. 4th 920 (2015)
Parent Document: Foster v. Britton, 242 Cal. App. 4th 920 (2015)
Jurisdiction: California (state)
Effective Date: 2015-12-01
Original Source: https://www.courtlistener.com/opinion/3159177/foster-v-britton/ ↗

Full Text

1,687 chars

14
According to Britton, the Rent Board was authorized to effectuate only the purposes of
the Rent Ordinance, and the Rent Ordinance showed an intent to establish only the
specified exceptions and no others.
In Danekas, our colleagues in Division Five of this court considered a contention
that another Rent Board regulation, Rule 6.15A, exceeded the scope of the Rent Board’s
authority. Rule 6.15A established rules to be applied when a lease or rental agreement
prohibited subletting or assignment.10 The plaintiff in Danekas contended that the Rent
Ordinance limited the Rent Board to the regulation of rent increases, based on language
in the “Findings” portion of the Rent Ordinance stating that the Rent Board was created
“ ‘in order to safeguard tenants from excessive rent increases and, at the same time, to
assure landlords fair and adequate rents consistent with Federal Anti-Inflation
Guidelines.’ ” (Danekas, supra, 95 Cal.App.4th at pp. 644–645; Rent Ord., § 37.1,
subd. (b)(6).) The court rejected this contention, stating, “In fixing on this language
alone, Danekas interprets the purposes of the Rent Ordinance too narrowly and without
regard to certain other provisions of the ordinance that demonstrate an intent by the
Supervisors to regulate the permissible grounds for tenant evictions. . . . [¶] In this
instance, the Rent Ordinance contains entire sections devoted to regulating the bases on
which landlords can evict tenants from their rental units, along with the procedures
landlords must follow to do so. (Rent Ord., §§ 37.9, 37.9B.) Regulating the grounds for
eviction is integral to the success of the statutory framework, because the Rent Ordinance

Other Sections in This Document (38)

Full Text