 Such a "subtenant" could be an "original occupant".The court, however, went on to find that he was also an original occupant under the "Mosser" rule, even though, unlike in "Mosser", there was no evidence that the landlord knew about the son when the tenancy commenced.In the September 2015 case "Jason Mak v. City of Berkeley Rent Stabilization Board", the First District Court of Appeals interpreted Costa–Hawkins in the context of an evidentiary presumption in Berkeley's rent ordinance that presumes that, where a tenant has moved out after a termination notice, the tenant moved out "because" of the notice.