NCR PROPERTIES, LLC v. CITY OF BERKELEY

No. A163003.

89 Cal.App.5th 39 (2023)

NCR PROPERTIES, LLC, Plaintiff and Appellant; v. CITY OF BERKELEY et al., Defendants and Respondents; SYDNEY LEE et al., Real Parties in Interest. 2504 DANA STREET, LLC, Plaintiff and Appellant; v. CITY OF BERKELEY et al., Defendants and Respondents; GLORIA CHEN et al., Real Parties in Interest.

Court of Appeals of California, First District, Division Three.

March 9, 2023.


Attorney(s) appearing for the Case

Zacks, Freedman & Patterson, Scott A. Freedman and Emily L. Brough for Plaintiffs and Appellants.

Dowling & Marquez and Curtis F. Dowling for California Apartment Association and San Francisco Apartment Association as Amici Curiae on behalf of Plaintiffs and Appellants.

City of Berkeley Rent Stabilization Board, Matthew Brown , Matthew Jay Siegel , Hannah Kim ; Goldfarb & Lipman and James T. Diamond, Jr. , for Defendants and Respondents.

Barbara J. Parker , City Attorney, Maria Bee , Chief Assistant City Attorney, Laura Lane and Braz Shabrell , Deputy City Attorneys (City of Oakland); David Chiu , City Attorney, Yvonne Mere , Chief Deputy City Attorney, Tara Steeley and Manu Pradhan , Deputy City Attorneys (City & County of San Francisco), for City of Oakland and City of San Francisco as Amici Curiae on behalf of Defendants and Respondents.


OPINION

Appellant landlords (Landlords) purchased two derelict single-family homes in Berkeley and rehabilitated them, converting them into triplexes. After Landlords rented out the units, a dispute arose as to whether the properties are subject to the City of Berkeley's Rent Stabilization and Eviction for Good Cause...

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