California Apartment Association

CAA asks state Supreme Court to hear rent control case

You’ve likely heard of CAA fighting the spread of rent control at city halls around the Bay Area. Well, the effort to stem rent control is happening in the courts as well.

For the second time in recent months, CAA has gotten involved in a case centered on whether a change of tenancy occurs when parents move out of a rent controlled unit and their children, who never signed the lease because they were minors, stay behind as adults. [Read about the first case]

This is important because a change in tenancy allows for a rent controlled unit to return to market rates. And it begs the question: If a child moves into a rental and is too young to sign a lease, is he or she an original resident if the child sticks around as an adult?

In the case of T&A Drolapas & Sons, LP v. City and County of San Francisco, an appellate court says yes. This prompted CAA to file this letter last week asking the state Supreme Court to take up the issue.