T & A Drolapas v. SF Rent etc. Bd.

Filed 6/16/15; pub. order 7/9/15 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

T & A DROLAPAS & SONS, LP,

Plaintiff and Appellant,

A139432

v. SAN FRANCISCO RESIDENTIAL RENT (City & County of San Francisco STABILIZATION AND ARBITRATION Super. Ct. No. CPF-12-511944) BOARD et al., Defendants and Respondents;

GERALD BORJAS,

Real Party in Interest and Respondent.

In this case we must decide whether Civil Code section 1954.53,1 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 and Arbitration Board (2015) 233 Cal.App.4th 505 (Mosser…