September 21, 1999
August 30, 1999
NOTICE OF PUBLIC HEARING
DATE: September 21, 1999
TIME: 7:00 P.M.
PLACE: 25 VAN NESS AVENUE (AT MARKET ST.)
SUITE 70 Lower Level
SAN FRANCISCO, CALIFORNIA
PROPOSED AMENDMENTS TO RULES AND REGULATIONS SECTIONS 4.10 NOTICE, 4.12
BANKING AND 2.15 PER DIEM COMPENSATION
The Rent Stabilization and Arbitration Board Commissioners are proposing
amendments to the language in Sections 4.10(b), 4.12(a) and 2.15 of the
Rules and Regulations.
Written comments may be submitted prior to the hearing. Persons wishing
to respond should do so by noon Wednesday September 15, 1999, to ensure
that the Commissioners have time to consider submissions. Oral testimony
will also be taken on the 21st.
Sections 4.10 and 4.12
The Commissioners voted unanimously to put forth the following language
on August 3, 1999, which would permit Hearing Officers to apply the "de
minimus rule " to excessive rent increases of .5% or less not only
due to "rounding" where the landlord has acted in "good faith".
New language is underlined, deletions have a strikethough.
The proposed language would amend Sections 4.10(b) and 4.12(a) of the
Rules and Regulations to read as follows:
Section 4.10 Notice
(b) "Any rent increase which does not conform with the
provisions of this Section shall render the entire rent increase null
and void, unless the amount requested equals no more than the allowable
annual and banked rent increase(s), provided, however, that in the event
such increases have been rounded up in an amount not exceeding
one-half of one percent of the prior base rent and there is no systemic
pattern of such rounding, Hearing Officers shall readjust the base rent
to reflect the proper amounts provided. are given in a good
faith effort to comply with the Ordinance and Regulations and do not
exceed limitations by more than one-half of one percent of the prior
base rent, Hearing Officers shall readjust the base rent to reflect
the proper percentage increase."
Section 4.12 Banking
(a) A landlord who refrains from imposing an annual rent increase,
or any portion thereof, may accumulate said increase and impose that
amount on or after the tenant’s subsequent rent increase anniversary
date; however, the rent may be increased only one time every twelve
(12) months. This banked amount may only be given at the time of an
annual increase. Only those increases which could have been imposed
on, or subsequent to, April 1, 1982, may be accumulated. A full 12 months
must have elapsed from the date that an annual rent increase, or a portion
thereof, could have been imposed before this banking section becomes
applicable. Banked increases shall not be compounded and shall not be
rounded up; provided, however, that in the event of either compounding
or rounding without a systematic pattern and without exceeding one-half
of one percent of the base rent, Hearing Officers shall readjust the
base rent to reflect the proper banked amounts. that a banked
rent increase exceeds limitations by no more than one-half of one percent
of the prior base rent and such increase was given in a good faith effort
to comply with the Ordinance and Regulations, Hearing Officers shall
readjust the base rent to reflect the proper banked amounts."
The Executive Director proposed an adjustment in the Commissioners’ per
diem compensation, which has not been changed since the early 1980’s.
The new schedule reflects the increased amount of time needed prior to
the actual Commission meeting to review appeal considerations and legislation,
which have become more lengthy and complicated in the ensuing years. The
proposal noted below was voted out for Public Hearing on August 17, 1999.
Section 2.15 Per Diem Compensation
Each member shall receive $75.00 for each Board meeting attended if the
meeting lasts for six three hours or more in a
single twenty-four hour period, $50.00 if the meeting lasts from
two for more than one to three hours in a single
twenty-four hour period, and $25.00 if the meeting lasts two
one hour(s) or less in a single twenty-four hour
period. If a member or the alternate is not in attendance for an entire
meeting, compensation shall be determined by reference to the actual aggregate
time in attendance the member or alternate was not excused and
was acting as a voting member.
Jpg/pubhrg/4.10.4.12.2.15/8/99
Last updated: 10/9/2009 11:26:08 AM