Cobb

Jonathan Cobb appeals a judgment denying his petition for writ of administrative mandate (Code Civ. Proc., § 1094.5) reviewing a rent control decision of the San Francisco Residential Rent Stabilization and Arbitration Board (Rent Board). Cobb sought to set aside the Rent Board’s decision establishing the base rental of his tenant, Richard Passalacqua, as $600. He contends he is entitled to a base rental of $1,500 under the Costa-Hawkins Rental Housing Act (Civ. Code, § 1954.50 et seq.; Costa-Hawkins Act).

Factual Background

Since 1984, Cobb has owned and resided in one unit of a four-unit apartment building. Sometime in 1984, he rented another unit to Frances Restoni for $440 per month. Cobb acknowledged that he lost the Restoni rental agreement, but, according to Cobb, it was a standard form rental agreement, which provided that a “Tenant shall not assign this agreement or sublet any portion of the premises without prior written consent of the Owner.”

Cobb never increased Restoni’s rent. In March 1996, Restoni’s son, Richard Passalacqua, moved into her apartment without obtaining Cobb’s permission. According to Passalacqua, his son, Joseph, then 15 years old, also…