Foster v. Britton, 242 Cal. App. 4th 920 (2015)

Citation: Foster v. Britton, 242 Cal. App. 4th 920 (2015)
Parent Document: Foster v. Britton, 242 Cal. App. 4th 920 (2015)
Jurisdiction: California (state)
Effective Date: 2015-12-01
Original Source: https://www.courtlistener.com/opinion/3159177/foster-v-britton/ ↗

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including but not limited to . . . laundry facilities and privileges; . . . refuse removal; . . .
parking; . . . rights permitted the tenant by agreement; . . . and any other benefits,
privileges or facilities.” (Rent Ord., § 37.2, subd. (g).) “Rental Units” are defined to
mean residential dwelling units, “and all housing services, privileges, furnishings and
facilities supplied in connection with the use or occupancy thereof, including garage and
parking facilities.” (Id., subd. (r).) Moreover, the ordinance provides that “[g]arage
facilities, parking facilities, driveways, storage spaces, laundry rooms, decks, patios, or
gardens on the same lot . . . supplied in connection with the use or occupancy of a unit,
may not be severed from the tenancy by the landlord without just cause as required by
section 37.9(a).” (Ibid.)11
       Section 37.9, subdivision (a)(2) of the Rent Ordinance allows a landlord to evict a
tenant who has violated a lawful obligation of tenancy; Rule 12.20 “ ‘ “fill[s] up the
details” ’ ” of the Rent Ordinance by clarifying that a “lawful obligation or covenant of
tenancy” does not include a unilaterally-imposed obligation to give up housing services
associated with a rental unit, which include parking, laundry facilities, trash service,
garden privileges, and storage spaces. (Danekas, supra, 95 Cal.App.4th at p. 644; Rent
Ord., §§ 37.2, subds. (g) & (r), 37.9, subd. (a)(2).)12 The regulation is within the scope of
the authority granted to the Rent Board, and it serves the purposes of the Rent Ordinance.

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