Parkmerced

San Francisco Rent Stabilization and Arbitration Board (Rent Board) and Margot Abenheim (Abenheim) appeal a decision granting a writ of administrative mandamus in favor of respondent Parkmerced Company (Parkmerced). They assert the court erred in concluding Abenheim was not entitled to the protection of the San Francisco Residential Rent Stabilization and Arbitration Ordinance (Rent Ordinance). We shall reverse.

Background

Abenheim’s brother, Clarence Honey, first executed a written lease with Parkmerced for the apartment located at 28 Pinto Avenue on July 21, 1976. The lease was thereafter renewed and Abenheim moved in with her brother on September 1, 1981.

For the next four years Abenheim and Honey lived in the apartment; each year Honey renewed the lease and listed Abenheim on Parkmerced’s form. Each month Abenheim used a personal check bearing her name to pay rent to Parkmerced.

In 1985 Honey decided to move and notified Parkmerced that he would not be renewing his lease; he indicated his sister might be interested in staying on in the apartment. The rent was then $462.34. When Abenheim applied to have a lease issued in her name alone she was informed that she…