Mosser Companies v. San Francisco Rent Stabilization & Arbitration Board

Opinion

POLLAK, J.

— Mosser Companies (landlord) owns a nine-unit residential apartment building on Fell Street in San Francisco. The apartment is subject to rent control under San Francisco’s Residential Rent Stabilization and Arbitration Ordinance (S.F. Admin. Code, § 37.1 et seq.; ordinance), which limits rent increases to tenants in occupancy {id., § 37.3, subd. (a)). Under Civil Code section 1954.53, which provides that “an owner of residential real property may establish the initial rental rate for a dwelling or unit . . .” (id., subd. (a)), local jurisdictions are authorized to impose…