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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 1094

Citation
§ 1094
Parent Document
Cobb v. San Francisco Residential Rent Stabilization & Arbitration Board, 119 Cal. Rptr. 2d 741 (2002)
Jurisdiction
California (state)
Effective Date
2002-05-09

Full Text

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Cobb appealed the hearing officer’s decision to the Rent Board, which accepted the appeal and remanded it for a hearing on the issues of waiver and estoppel. Specifically, the hearing officer was to determine: (1) Did Cobb’s acceptance of rent from Passalacqua after Restoni moved out constitute a waiver of the Costa-Hawkins Act, insofar as Cobb did not receive written notice of Passalacqua’s occupancy of the apartment and thereafter accepted rent? (2) Was Passalacqua estopped from asserting that Cobb waived his statutory right to a market rate increase because he attempted to deceive Cobb into accepting rent by claiming that he was residing in the apartment only temporarily?