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July 01, 1997

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.

  1. Operating and Maintenance Expense Petitions

    1. Where all required pages of the petition have not been submitted or filled out properly;

    2. Where the documents submitted are not clearly divided into two groups, one representing the Year 1 documents and one representing the Year 2 documents;

    3. Where the documents within each year are not grouped together according to the categories listed in the landlord petition form;

    4. 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;

    5. 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;

    6. Where the petitioner submits complete documentation for only one or two categories to the exclusion of the other categories;

    7. Where the total amounts claimed for each category in each year do not correspond to the evidence submitted.

  2. Comparable Rent Petitions

    1. Where all required pages of the petition have not been submitted or filled out properly;

    2. Where an adequate explanation of the situation justifying the petition (e.g. extraordinary circumstances) is not provided;

    3. Where evidence establishing that the rent for the unit is significantly below those of comparable units in the same general area is not provided;

    4. 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.

  1. 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.;

  2. Where the petition submitted for improvements to more than one building does not clearly allocate costs to each building;

  3. 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;

  4. 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;

  5. Where insufficient copies of the petition or supporting documentation have been submitted pursuant to 7.10(b)(1) and 7.10(b)(2) above.
Last updated: 12/24/2013 1:26:54 PM