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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

Other Sections in This Document (38)

Full Text

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15
permits unlimited rent increases whenever a rental unit becomes vacant. (Rent Ord.,
§ 37.3.) As soon as an original tenant no longer permanently resides in a rental unit, the
rent for that unit is temporarily decontrolled, allowing the landlord to boost the rent as
high as the market permits. Once the unit is re-rented, it again becomes subject to the
Rent Ordinance under a regulatory concept known as ‘vacancy decontrol/recontrol.’
Under this framework, governing the grounds for eviction is essential to the successful
implementation of the Rent Ordinance, lest landlords circumvent the rent limitations by
expelling tenants in order to raise rents. To prevent this activity, section 37.9 of the Rent
Ordinance enumerates the acceptable grounds for tenant eviction. The inclusion of these
provisions within the Rent Ordinance is an unmistakable expression of intent by the
Supervisors that one purpose of their legislation was to implement comprehensive
eviction controls, thereby sustaining the overall legislative structure. Since the
Supervisors explicitly provided the Rent Board with the power to promulgate rules and
regulations to effectuate the purposes of the Rent Ordinance, the legislation gives the
Rent Board authority to fashion regulations to govern effectively the grounds for eviction
and the eviction process.” (Danekas, supra, 95 Cal.App.4th at pp. 645–646, italics
added.)
       It can hardly be doubted that Rule 12.20 acts to govern “the grounds for eviction”
(Danekas, supra, 95 Cal.App.4th at p. 646): It prohibits a landlord from evicting a tenant
for violating a unilaterally-imposed term of the tenancy unless it is authorized by the Rent
Ordinance, required by law, or agreed to by the tenant. Moreover, it may fairly be seen
as effectuating the purposes of the Rent Ordinance because it prevents landlords from
“circumvent[ing] the rent limitations” by unilaterally imposing unreasonable conditions
that might allow them to “expel[] tenants in order to raise rents.” (Danekas, at p. 645.)
       Other portions of the Rent Ordinance support the conclusion that Rule 12.20
effectuates the ordinance’s purposes. The ordinance defines “Housing Services” to mean
“Services provided by the landlord connected with the use or occupancy of a rental unit,