July 01, 1997
June 17, 1997
NOTICE OF PUBLIC HEARING
DATE:
|
July 1, 1997 |
TIME:
|
6:00 P.M. |
PLACE: |
25 VAN NESS AVENUE (AT MARKET ST.)
SUITE 70, LOWER LEVEL
SAN FRANCISCO, CALIFORNIA |
THE RENT BOARD COMMISSIONERS INVITE THE PUBLIC TO COMMENT ON
PROPOSED CHANGES TO THE RULES AND REGULATIONS GOVERNING THE RESIDENTIAL
RENT STABILIZATION AND ARBITRATION ORDINANCE, CHAPTER 37 OF THE
SAN FRANCISCO ADMINISTRATIVE CODE.
THE COMMISSION IS TAKING PUBLIC COMMENT ON THE ATTACHED LANGUAGE
ON THE ISSUE(S) BELOW:
SECTION 5.14
This amendment is entirely new and would permit the department
to dismiss without prejudice to re-file those operating and maintenance
or comparable petitions that have not been properly documented
and/or where requested information has not been provided. Petitioners
would be sent a written notice explaining the applicable reasons
for the proposed dismissal and given 30 days to cure the defects
in the petition. The petitioner would be entitled to re-file the
petition at a later time should the petition be dismissed.
SECTION 7.17
This section currently permits the department to dismiss those
capital improvement petitions that are incomplete and the requested
information has not been provided within 30 days of written notification.
This amendment will allow the petition to be dismissed without
prejudice and enable the petitioner to re-file at a later time.
PROPOSED AMENDMENTS TO THE RULES AND REGULATIONS
Public Hearing on these amendments will be held on
July 1, 1997 at 6:00 p.m.
[NOTE: THIS ENTIRE SECTION IS NEW]
Section 5.14 Administrative Dismissal
Notwithstanding the acceptance of a petition, if any of the following
conditions exist, the Board shall dismiss the landlord’s petition
for arbitration without prejudice and shall not schedule a hearing.
Prior to dismissal of a petition, the Board shall mail to the
petitioner a written notice of intention to dismiss stating the
applicable reason(s) for such dismissal. The petitioner shall
have thirty (30) days from the date of mailing of the notice to
cure the defects in the petition prior to dismissal.
- Operating and Maintenance Expense Petitions
- Where all required pages of the petition have not been submitted
or filled out properly;
- Where the documents submitted are not clearly divided into
two groups, one representing the Year 1 documents and one representing
the Year 2 documents;
- Where the documents within each year are not grouped together
according to the categories listed in the landlord petition form;
- Where the documents submitted do not clearly show the time
period covered and/or the expense being claimed and no written
explanation of the missing information is provided with the documentation;
- Where necessary documents are missing and there is no written
explanation of what attempts were made to obtain the missing documents
and why the documents could not be submitted;
- Where the petitioner submits complete documentation for only
one or two categories to the exclusion of the other categories;
- Where the total amounts claimed for each category in each
year do not correspond to the evidence submitted.
- Comparable Rent Petitions
- Where all required pages of the petition have not been submitted
or filled out properly;
- Where an adequate explanation of the situation justifying
the petition (e.g. extraordinary circumstances) is not provided;
- Where evidence establishing that the rent for the unit is
significantly below those of comparable units in the same general
area is not provided;
- Where evidence of reasonably "comparable" units
is not provided (i.e., length of occupancy of the current tenant,
size and physical condition of the unit and building, and services
paid by the tenant).
New text in the following section is underlined and bold
Section 7.17 Administrative Dismissal
(Added March 14, 1989)
Notwithstanding the acceptance of a petition, if any of the following
conditions exist, the Board shall dismiss the petition without
prejudice and shall not schedule a hearing. Prior to dismissal
of a petition, the Board shall mail to the petitioner a written
notice of intention to dismiss stating the applicable reason(s)
for such dismissal. The petitioner shall have thirty (30) days
from the date of mailing of the notice to cure the defects in
the petition prior to dismissal.
- Where the petition submitted fails to clearly itemize costs
according to specific improvements categorized by type of improvement;
e.g., foundation work, new roof, electrical service, electrical
wiring, fire sprinkler system, etc.;
- Where the petition submitted for improvements to more than
one building does not clearly allocate costs to each building;
- Where the petition submitted for improvements to a building
with more than one unit fails to clearly distinguish costs of
common area improvements from costs of improvements to specific
units;
- Where the documentation submitted in support of the petition
(i.e., bills, canceled checks, etc.) is not clearly marked so
as to identify the specific improvement to which it relates;
- Where insufficient copies of the petition or supporting documentation
have been submitted pursuant to 7.10(b)(1) and 7.10(b)(2) above.