Buckhart

Defendants San Francisco Residential Rent Stabilization and Arbitration Board (Board), and real party in interest Lynn McDonald (Ms. McDonald), appeal from a judgment of the superior court granting the Code of Civil Procedure section 1094.5 application of plaintiff Norman C. Buckhart (Buckhart) for a writ of mandate requiring the Board to set aside its decision in favor of Ms. McDonald, and to enter a decision in favor of Buckhart.

We state certain of the material factual-procedural circumstances of the appeal as they appear uncontroverted by the parties’ briefs, and concessions of the Board.

San Francisco has a residential rent control ordinance (Ordinance) which treats a decrease in “housing services” during one’s tenancy as a forbidden rental increase. Disputes between a landlord and tenant are heard and determined at a hearing by a hearing officer. At the hearing the parties will “offer . . . such . . . evidence as may be pertinent to the proceedings. . . . A record of the proceedings must be maintained .... Based upon the evidence presented at the hearing . . . the hearing officer . . . shall make written findings of fact.” But for the “right of appeal” the…