Mak

We here affirm the rejection by the City of Berkeley Rent Stabilization Board (Rent Board) and by the superior court of a landlord’s transparent attempt to circumvent the provisions of local rent control provisions. Appellants Jason and Karen Mak own a residential rental property with four apartments in Berkeley. In February 2012 they served on Elizabeth Bums, a tenant in one of those apartments for 28 years, a 60-day eviction notice, asserting that Jason Mak intended to occupy the apartment. In April 2012, the Maks and Bums entered a written agreement under which Bums agreed to vacate the apartment, stating that Burns was not doing so pursuant to the 60-day notice, and that such notice “shall upon occupant vacating, be conclusively deemed withdrawn.” Bums vacated the apartment at the end of June and months later the Maks rented the unit to new tenants, Alexander and Andrea Ziem, at more than double the rent that Bums had been paying. In response to the Ziems’ application to the Rent Board to lower the permissible rent to that paid by Bums, the Maks contended that Bums had voluntarily vacated the apartment, so that under the terms of the CostaHawkins Rental Housing Act,…