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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 37

Citation
Section 37
Parent Document
Golden Gateway Center v. San Francisco Residential Stabilization, 87 Cal. Rptr. 2d 332 (1999)
Jurisdiction
California (state)
Effective Date
1999-08-02

Full Text

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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 ordinances. Accordingly, we reverse the trial court’s denial of GGC’s petition for writ of mandate seeking to overturn the Board’s decision ordering a reduction in the petitioning tenants’ rent. We affirm, however, the trial court’s denial of GGC’s claim for declaratory relief, as it failed to present evidence to support its claim. The matter is remanded for further proceedings. GGC shall recover its costs on appeal. McGuiness, P. J., and Parrilli, J., concurred. 1