Facts

Petitioners, a group of 59 tenants residing at Midtown Park Apartments, a 139-unit apartment complex for low and moderate-income tenants, sued the City and County of San Francisco and the San Francisco Residential Rent Stabilization and Arbitration Board.

The city had adjusted tenants' rents to no greater than 30 percent of their household income, pursuant to a rent modification program developed by the San Francisco Mayor's Office of Housing and Community Development. Tenants that did not complete an income certification form, had their rents reset to an amount determined by a market rate survey conducted by the city.

The tenants petitioned the Rent Stabilization Board, arguing that their rent increases violated the city's rent control law. The Board denied the tenants petitions, finding that the rent ordinance exempts any housing unit whose rent is controlled by a government agency, from rent control.

The tenants then petitioned for a writ of administrative mandamus and stay of the decision.

PETITIONERS' CONTENTIONS:
Petitioners contended that the judge's decision that their tenancies were exempt from San Francisco's rent ordinance was an abuse of discretion. They also contended that the judge's issuance of the decision without a hearing constituted an abuse of discretion.

RESPONDENTS' CONTENTIONS:
Respondents contended that the Rent Board correctly interpreted the rent ordinance.

Result

The court sustained respondents' demurrer without leave to amend.

Other Information

FILING DATE: Dec. 24, 2015.