Danger Panda, LLC v. Launiu, 10 Cal. App. 5th 502 (2017)

Citation: Danger Panda, LLC v. Launiu, 10 Cal. App. 5th 502 (2017)
Parent Document: Danger Panda, LLC v. Launiu, 10 Cal. App. 5th 502 (2017)
Jurisdiction: California (state)
Effective Date: 2017-04-04
Original Source: https://www.courtlistener.com/opinion/4380722/danger-panda-llc-v-launiu/ ↗

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pursuant to section 37.9A(e)(3)(A) of the San Francisco Rent Ordinance.‖ We accepted
transfer of this case and now hold that a minor is not a tenant under the Rent Ordinance
provisions that pertain to Ellis Act evictions.
                             II. STATUTORY OVERVIEW
       A. Two Statutory Schemes
       In 1979, the San Francisco Board of Supervisors enacted the Rent Ordinance
― ‗because the lack of affordable rental housing in San Francisco was creating hardships
on senior citizens, persons on fixed incomes, and low- and moderate-income households.
[¶] When adopting the Rent Ordinance, the Supervisors created a five-member Rent
Board charged with safeguarding tenants from excessive rent increases, while also
assuring landlords fair and adequate rents consistent with federal anti-inflation
guidelines. . . . The Supervisors conferred on the Rent Board a range of powers and
duties, including the power to ―Promulgate policies, rules and regulations to effectuate
the purposes of this Chapter.‖ (Rent [Ordinance], § 37.6, subd. (a).) The purposes of the
Rent Ordinance included, among others, the limitation of rent increases for tenants in
occupancy (Rent [Ordinance], § 37.3), the arbitration of rental increase adjustments (Rent
[Ordinance], §§ 37.8-37.8B), and the restriction of the grounds on which landlords could
evict tenants from their rental units (Rent [Ordinance], §§ 37.9–37.9B).‘ [Citation.]‖
(Foster v. Britton (2015) 242 Cal.App.4th 920, 925.) To achieve this last purpose, the
Rent Ordinance delineates discrete circumstances under which a landlord may ―endeavor
to recover possession of a rental unit.‖ (Rent Ordinance, § 37.9, subd. (a).)
       In 1985, the California Legislature passed the Ellis Act, which provides that no
public entity may ―compel the owner of any residential real property to offer, or to
continue to offer, accommodations in the property for rent or lease, except for [certain]
guestrooms or efficiency units within a residential hotel . . . .‖ (Gov. Code, § 7060,
subd. (a).)
       ―The Legislature enacted the Ellis Act following the California Supreme Court‘s
opinion in Nash v. City of Santa Monica (1984) 37 Cal.3d 97 . . . , upholding a city
ordinance that required owners of residential rental property to obtain a permit before

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