Golden Gateway Center v. San Francisco Residential Stabilization, 87 Cal. Rptr. 2d 332 (1999)
- Citation
- Golden Gateway Center v. San Francisco Residential Stabilization, 87 Cal. Rptr. 2d 332 (1999)
- Parent Document
- Golden Gateway Center v. San Francisco Residential Stabilization, 87 Cal. Rptr. 2d 332 (1999)
- Jurisdiction
- California (state)
- Effective Date
- 1999-08-02
Other Sections in This Document (49)
- Golden Gateway Center v. San Francisco Residential Stabilization, 87 Cal. Rptr. 2d 332 (1999)
- Golden Gateway Center v. San Francisco Residential Stabilization, 87 Cal. Rptr. 2d 332 (1999)
- Golden Gateway Center v. San Francisco Residential Stabilization, 87 Cal. Rptr. 2d 332 (1999)
- Golden Gateway Center v. San Francisco Residential Stabilization, 87 Cal. Rptr. 2d 332 (1999)
- Golden Gateway Center v. San Francisco Residential Stabilization, 87 Cal. Rptr. 2d 332 (1999)
- Golden Gateway Center v. San Francisco Residential Stabilization, 87 Cal. Rptr. 2d 332 (1999)
- Golden Gateway Center v. San Francisco Residential Stabilization, 87 Cal. Rptr. 2d 332 (1999)
- Golden Gateway Center v. San Francisco Residential Stabilization, 87 Cal. Rptr. 2d 332 (1999)
- Golden Gateway Center v. San Francisco Residential Stabilization, 87 Cal. Rptr. 2d 332 (1999)
- Golden Gateway Center v. San Francisco Residential Stabilization, 87 Cal. Rptr. 2d 332 (1999)
- Golden Gateway Center v. San Francisco Residential Stabilization, 87 Cal. Rptr. 2d 332 (1999)
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Full Text
1,715 charsIn the published portion of this opinion we hold that a landlord who undertakes to perform reasonably necessary repair and maintenance work on rental property, which has the effect of temporarily interfering with or preventing the tenant’s full use of housing services, but does not substantially interfere with the right to occupancy of the premises as a residence, does not effectuate a decrease in housing services within the meaning of the San Francisco rent control ordinance. Accordingly, we hold respondent San Francisco Residential Rent Stabilization and Arbitration Board (the Board) wrongfully found that appellant Golden Gateway Center (GGC) had substantially decreased housing services to its tenants by undertaking to maintain and repair outside decks on its apartment units. As a result of this finding, the Board granted several tenants’ petitions for a reduction in rent to correspond with the alleged decrease in services. GGC challenged the Board’s rulings by filing a petition for writ of administrative mandamus and a complaint for declaratory and injunctive relief. The trial court denied the writ on the basis that the Board’s findings and determinations were consistent with applicable rent ordinances and the Board’s rules and regulations. For the same reasons, the trial court also entered judgment for the Board on GGC’s request for declaratory relief, with the additional holding that GGC’s exclusive remedy was a writ of administrative mandamus. We reverse on the merits. In the unpublished portion of the decision, we affirm the denial of declaratory relief on the ground that GGC failed to present evidence on summary judgment to support its claim. 1 I. Facts and Procedural Background