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April 20, 2010

 

 

MINUTES OF THE REGULAR MEETING OF

THE SAN FRANCISCO RESIDENTIAL RENT

STABILIZATION & ARBITRATION BOARD,

 

Tuesday, April 20, 2010 at 6:00 p.m. at

25 Van Ness Avenue, Suite 70, Lower Level

 

 

 

            I.            Call to Order

 

            President Gruber called the meeting to order at 6:05 p.m.

 

            II.            Roll Call

 

                                                                        Commissioners Present:            Beard; Crow; Gruber; Henderson; Marshall; Mosbrucker; Yaros.

                                                                        Commissioners not Present:      Hurley; Mosser; Murphy.

                                                                        Staff Present:                             Lee; Wolf.

 

            III.            Approval of the Minutes

 

                                    MSC:            To approve the Minutes of March 30, 2010.

                                                (Marshall/Mosbrucker:  4-0)

 

            IV.            Remarks from the Public

 

            A.  Tenant Ray Hartz read a statement saying that the Tenant Commissioners try to consider his comments but are consistently outvoted by the remaining Commissioners, which he said amounts to “taxation without representation.”  Mr. Hartz claimed that the Rent Board’s process is not open or fair to tenants in that landlords are given help at the Department’s office but tenants are told “we can’t help you.”

 

            B.  Dave Wasserman, Attorney for the landlord at 2240 Golden Gate Ave. #302 (AL100041 & -42), asked the Board for clarification on the parol evidence rule, although he said that the Memorandum from the Administrative Law Judge was helpful.  Attorney Wasserman said that many landlords are buying foreclosed properties and it is difficult to piece together the rent history, agreements, and side agreements.

 

            V.            Consideration of Appeals


            A.  655 John Muir Dr. #E316                                    AT100034 & -35

 

      The tenant’s appeal of a decision approving utility passthroughs was filed two and one-half months late because the elderly tenant did not realize she could appeal on the grounds of financial hardship.

     

                                    MSC: To find good cause for the late filing of the appeal.  (Marshall/Mosbrucker:  4-0)

 

      The landlord’s petitions for certification of capital improvement costs and approval of utility passthroughs in this multi-unit complex were granted.  One tenant appeals the decisions on the grounds of financial hardship.

 

                                    MSC: To accept the appeals and remand the cases for a hearing on the tenant’s claims of financial hardship.

                                                (Marshall/Mosbrucker:  4-0)

 

            B. 131 Hugo #1                                                         AT100037

 

      The landlords’ petition for certification of capital improvement costs to 5 of 12 units was granted, resulting in a monthly passthrough in the amount of $12.29.  The tenants in one unit appeal the decision on the grounds of financial hardship.

 

                                    MSC: To accept the appeal and remand the case for a hearing on the tenants’ claim of financial hardship.  (Marshall/Mosbrucker:  4-0)

 

            C.  1725 Taylor #2A                                                  AT100036

 

      The tenant’s petition alleging decreased housing services and the landlord’s failure to repair was dismissed because the landlord and tenant entered into a court-approved settlement in which the tenant agreed to dismiss his Rent Board petition.  On appeal, the tenant claims that his lawsuit against the landlord is still active, a motion to reconsider has been filed and a motion to set aside the settlement and writ of mandate are being processed.

 

                                    MSC: To deny the tenant’s appeal without prejudice to re-filing if the court settlement is set aside and the new petition shall be deemed filed as of the date of the original petition.  (Beard/Mosbrucker:  4-0)

 

             D.  3788 Mission St.                                               AT100031

 

      The landlord’s petition for certification of the costs of two new roofs was granted and the costs were allocated to the tenants in the units benefited by each roof.  The tenants in one unit appeal the decision, arguing that the new roofs constitute common area improvements and therefore should be allocated to all 11 units at the property.

 

                                    MSC: To accept the appeal and remand the case to the Administrative Law Judge to allow the landlord to file an amended petition allocating the costs of the roofs to all residential units at the property.  (Beard/Marshall:  4-0)

 

               E.  734 Bush, Apt. 22                                           AT100032

 

      The tenant’s petition alleging an unlawful rent increase was denied because the ALJ found that the last original occupant of the unit had died and the tenant, his son, had not established a direct landlord-tenant relationship with the owner of the building.  Therefore, the rent increase from $356.26 to $1,600.00 per month was authorized by Costa-Hawkins.  The tenant appeals, claiming that:  the evidence he submitted was not adequately considered and he has additional evidence not available at the time of the hearing showing that he was living in the subject unit; he did not have an attorney at the hearing; the third party payee agreement that he signed was mis-represented to him; and the landlord committed perjury at the hearing.

 

                                    MSF: To accept the appeal and remand the case to consider the additional evidence provided by the tenant on appeal.  (Marshall/Mosbrucker:  2-2; Beard, Gruber dissenting)

 

      Due to the lack of a second Landlord Commissioner, consideration of this appeal was continued to the May 18th Board meeting.

 

               F.  525 Greenwich St.                                           AL100039

 

      The tenant filed a petition seeking a determination as to the proper base rent.  The ALJ found that the tenant’s rent at the inception of the tenancy included garage parking and therefore the landlord was liable to the tenant in the amount of $6,200.70 for rent overcharges.  The landlord appeals, claiming that the garage was not part of the tenant’s housing services because it was rented pursuant to a separate agreement.

 

                                    MSC: To deny the appeal.  (Marshall/Mosbrucker:  4-0)

 

               G.  1227 – 22nd Ave.                                            AL100040

 

      The tenant’s petition alleging unlawful rent increase and decreased housing services was granted, in part, and the landlords were found liable to the tenant in the amount of $669.24 for rent overpayments and $1,774.60 due to lack of access to their mailbox.  On appeal, the landlords claim that:  the decision is not supported by the evidence; and the tenants were not denied access to the garage to retrieve their mail.

 

                                    MSC: To deny the appeal.  (Mosbrucker/Marshall:  3-1; Gruber dissenting)

 

                H.  2240 Golden Gate Ave. #302                       AL100041 & -42

 

      The landlord’s petition seeking a determination pursuant to Rules §1.21 was denied because the ALJ found that the subject unit is the tenant’s principal place of residence.  The tenant also filed a petition alleging unlawful rent increase and the tenant’s base rent was found to have included parking at the inception of the tenancy, but not PG&E.  The landlord appeals the decision, arguing that:  the tenant does not satisfy most of the criteria in §1.21 and therefore cannot be considered a “Tenant in Occupancy;” and, since the tenant signed a lease agreement that sets the amount of rent and specifically excludes parking as a parking service, parol evidence cannot be introduced to vary the terms of the agreement. 

 

      Due to the lack of a second Landlord Commissioner, consideration of this appeal was continued to the May 18th Board meeting.

 

            VI.            Communications

 

      In addition to correspondence concerning cases on the calendar, the Commissioners received the following communications:

 

            A.  The office workload statistics for the month of February 2010.

 

            B.  An updated copy of the Rent Ordinance and list of Ordinance amendments.

 

            C.  The Rent Board Annual Report on Eviction Notices.

 

            D.  Articles from the S.F. Examiner, BeyondChron, AOA News and Buyers Guide, the Bloomberg Report, the S.F. Chronicle and the S.F. Apartment Magazine.

 

            VII.            Director’s Report

 

      Executive Director Wolf informed the Board that an Ordinance sponsored by Supervisor Chiu to curb Ellis Act evictions in North Beach by regulating parking garages was finally passed by the Board of Supervisors on April 6, 2010 and an Ordinance banning smoking in common areas of apartment buildings and other public spaces goes into effect on April 25, 2010.  Ms. Wolf also told the Board that new Citizens Complaint Officer Tania Chacon joined the Board’s staff on April 19th. 

 

            IV.            Remarks from the Public (cont.)

 

            C.  Ray Hartz told the Board that he feels his rights were violated at his hearing because he was not allowed to question the other side and the Board’s Senior Administrative Law Judges won’t go back and see if his allegations are true.  Mr. Hartz alleged that the Executive Director failed to follow the Sunshine Ordinance by not putting his verbatim statement in the Minutes.  He also believes that there is a “secret set of rules that are followed” which landlord representatives are aware of because it is their business.

 

            VIII.            Calendar Items

                       

                        April 27th, May 4th & 11th, 2010 – NO MEETINGS

 

                        May 18, 2010

                        8 appeals

                        New Business:  Ballot Initiative Regarding Tenant Financial Hardship

 

            IX.            Adjournment

 

      President Gruber adjourned the meeting at 7:07 p.m.

 

NOTE: If any materials related to an item on this agenda have been distributed to the Commission after distribution of the agenda packet, those materials are available for public inspection at the office of the Rent Board during normal office hours.

 

 

Last updated: 5/12/2010 2:31:55 PM