Legal Question in Landlord & Tenant Law in California

I live in a condo in San Francisco. My question is this - if the original owner of the building (from 1912) converted it into condos and the current owner, inherited the condo (and 2 others) - would I have rent control?

The law stays that the property would have to be sold in order for there to NOT be rent control. I just can't get an answer because of it being inherited vs bought.


Asked on 12/08/14, 2:55 pm

2 Answers from Attorneys
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

If it was not sold, then no rent control will apply. However, I am just going on what is in the California Law Manual for California. San Francisco COULD have a local ordinance I am unaware of. Eventually, some of my colleagues in the Bay Area should be chiming in.

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Answered on 12/08/14, 3:47 pm

You do not specifically state whether the owner of your unit (and two others) inherited them from the person who did the condo conversion, or from someone who bought units from the person who did the conversion. Assuming you do mean that your landlord inherited from the person who did the conversion, then you are still covered by rent control based on the Costa-Hawkins Rental Housing Act which allows San Francisco to control the rent of condos if the person who does the condo conversion keeps units. Such units do not become exempt from rent control until the units are "sold separately by the subdivider to a bona fide purchaser for value." An heir is not a "bona fide purchaser for value."

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Answered on 12/08/14, 5:12 pm


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