December 8, 2004 (Public Hearing)November 22, 2004
NOTICE OF PUBLIC HEARING
DATE: December 8, 2004
TIME:6:00 P.M.
PLACE: 25 VAN NESS AVENUE (AT MARKET ST.)
ROOM 330A, 3rd Floor
SAN FRANCISCO, CALIFORNIA
THE RENT BOARD COMMISSIONERS INVITE THE PUBLIC TO COMMENT ON IMPLEMENTATION OF THE UNIFORM VISITOR POLICY PURSUANT TO SECTION 41D.6 OF THE ADMINISTRATIVE CODE. AS PART OF THE ANNUAL REVIEW PROCESS, A COMMITTEE CONSISTING OF LANDLORD AND TENANT REPRESENTATIVES WAS CONVENED TO CONSIDER RECOMMENDATIONS PUT FORWARD BY THE SRO COLLABORATIVES. CONSENSUS WAS REACHED ON SEVERAL OF THESE RECOMMENDATIONS, AS REFLECTED IN THE ATTACHED MINUTES OF THE LAST COMMITTEE MEETING. INTERESTED PARTIES ARE INVITED TO COMMENT ON THE POLICY OR THE PROPOSED AGREEMENTS AND/OR TO PROPOSE ANY ADDITIONAL AMENDMENTS TO THE POLICY THAT WOULD HELP EFFECTUATE THE GOALS AND REQUIREMENTS OF THIS CHAPTER.
SPEAKERS WILL HAVE THREE (3) MINUTES EACH TO COMMENT ON THE POLICY. COMMENTS MAY ALSO BE MAILED AND SHOULD BE RECEIVED AT THE RENT BOARD NO LATER THAN DECEMBER 1, 2004, SO THAT THEY CAN BE MAILED AND RECEIVED BY THE COMMISSIONERS PRIOR TO THE HEARING. COMMENTS ARRIVING AFTER THIS TIME MAY NOT BE RECEIVED IN TIME TO BE ADEQUATELY CONSIDERED.
MINUTES OF THE HOTEL VISITOR POLICY COMMITTEE
MEETING NUMBER: #2
DATE: November 10, 2004
ATTENDEES: D. Burke; J. Collins; H. Karnilowicz; K. Chan; A. Stadlman; S. Patel; G. Kircher; M. Hutchings; C. Abernathy; E. Pound; M. Viturro; M. R. Long; D. Prowler; C. Garza; R. Fairgrieve; D. Wolf
Acting Executive Director Wolf convened the
Committee by distributing the Minutes from the last meeting. The Minutes were
reviewed and a motion to approve was made, seconded and carried. There was
a brief discussion of progress achieved at the first Committee meeting and
agreement as to how to proceed. It was reiterated that any changes to the
Visitor Policy would take place of the result of a majority vote by the Rent
Board Commissioners after a Public Hearing.
The issues for discussion brought forth by the
SRO Collaboratives are as follows below:
1. Management should not hold visitor ID's.
2. Manaqement should accept different types
of ID's, including jail ID, check cashing ID, and Day Labor Program ID.
3. There should not be check-in/out times
for consecutive visitors.
4. No blackout days for visitors.
5. Tenants should not be required to escort
visitors to the bathroom or other common areas.
6. Tenants should not be penalized for visitor
behavior and there should be just cause for the suspension of visitor rights.
7. No check-in time for overnight visitors.
8. 14 consecutive overnights per month for
same visitor; unlimited number for other visitors or non-consecutive stays.
9. Expand visiting hours to 24/7.
10. Children under 18 shouldn't count toward
overnight visitor limitation.
11. Caregivers of disabled tenants should
be exempt from visitor limitations.
ISSUE #2: Types of ID's: It was reaffirmed that the following types of ID are acceptable: merchant seaman; VA; out-of-state -- as long as there's a picture. The following types of ID were NOT agreed upon: jail ID's; check cashing ID's; Food Stamp ID's; day labor -- these will be put before the Rent Board Commissioners.
ISSUE #11: Caregivers: Currently, the Visitor Policy only specifies that caregivers shall not count against the limit for daytime visitors. It was confirmed that caregivers should also not be counted against the limitation for overnight guests, although the hotel operator would have the right to request medical verification. This amendment could be accomplished in one of two ways: by adding a new Section 1(B)(5) regarding overnight guests, or by deleting Section 1(A)(3) and adding new Section 1(C) to specify that caregivers do not count against both daytime and overnight limitations.
ISSUE #5: Escorting Visitors to the Bathroom or Other Common Areas: This issue is not addressed in the Visitor Policy, but this requirement in found in the House Rules of many non-profit hotels. Discussion centered on the fact that the problem is not where the visitor is found, but what they are doing, which brings up the question of whether residents are responsible for the behavior of their visitors. It was suggested that the following provision be added: "If a visitor(s) is found loitering, the visitor rights of the resident may be affected." Some present felt that it is difficult to define "loitering."
ISSUE #3: Check-in/out Times for Consecutive
Visitors: It was agreed that it should not be necessary for visitors staying
for consecutive days to check in and out each morning, or when they are leaving
the building. It was affirmed that any such guests would count against the limit
for daytime guests, and that management is entitled to advance notification
of overnight stays. Hotels should have a log or set up whatever system they
prefer for keeping track of visitors staying for consecutive days.
ISSUE #7: Check-in Time for Overnight Visitors:
The Visitor Policy currently requires notification of an overnight guest by
7:00 p.m. For situations where a tenant does not know ahead of time if they
will be having someone stay overnight, it was agreed that should notify management
of their intent. If it does not materialize, it will not be held against their
limitation. There was a good deal of sentiment for changing the notification
time to 9:00 p.m., although it was not unanimous.
ISSUE #10: Children: Currently, the Visitor
Policy provides that children under ten years of age shall not count towards
the daytime limitation on visitors. There was agreement that the age limit should
be raised to thirteen and that this provision should also be moved to the Overnight
section. It was also agreed that court-ordered custodial rights, which end at
17, shall be honored for purposes of consecutive overnight stays. Any such visits
shall be counted toward the limitation on the number of overnight visitors.
There was no consensus on issues #8 (the number
of consecutive overnights per month), 9 (expansion of visiting hours), 4 (blackout
days for visitors) and 6 (whether tenants may be penalized for visitor behavior).
These issues and all of the suggestions above will be examined by the Rent Board
Commissioners at the Public Hearing to be held on December 8th at
6:00 p.m. at 25 Van Ness, Room 330A.
sw/Visitiorpolicyminutes/docs./11/10/04