T & a Drolapas & Sons, LP v. San Francisco Residential Rent Stabilization & Arbitration Board

In this case we must decide whether Civil Code section 1954.53, subdivision (d)(2) authorizes a San Francisco landlord to raise the rent without limit on an apartment otherwise subject to rent control when an occupant who moved into the apartment as a child when his parents took possession remained in possession of the unit after his parents vacated it. The San Francisco Residential Rent Stabilization and Arbitration Board (Rent Board) ruled in favor of the adult child in these circumstances and the superior court upheld its decision. On review here, we have the benefit of the recent opinion in Mosser Companies v. San Francisco Rent Stabilization & Arbitration Board (2015) 233 Cal.App.4th 505 [ 182 Cal.Rptr.3d 619 ] (Mosser Companies) where a panel in Division Three of this district addressed the identical issue. Seeing no basis for distinguishing our case from Mosser Companies and no reason to disagree with the conclusions or the analysis in that case, we follow Mosser Companies and affirm the judgment.

STATEMENT OF THE FACTS

On September 3, 1995, Javier and Barbara Lara began renting the apartment at 3380 21st Street, unit 4, of a nine-unit building in San Francisco.…