To view graphic version of this page, refresh this page (F5)

Skip to page body

January 30, 2001

January 30, 2001

MINUTES OF THE REGULAR MEETING OF
THE SAN FRANCISCO RESIDENTIAL RENT
STABILIZATION & ARBITRATION BOARD,

Tuesday, January 30, 2001 at 6:00 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level I. Call to Order

Vice-President Marshall called the meeting to order at 6:10 p.m.

II. Roll Call

Commissioners Present: Becker; Gruber; Hobson; Lightner; Marshall; Mosser.
Commissioners not Present: Justman; Murphy; Wasserman.
Staff Present: Grubb; Wolf.

III. Approval of the Minutes

MSC: To approve the Minutes of January 16, 2001.
(Becker/Gruber: 4-0)

IV. Remarks from the Public

1. Robert Pender informed the Board that the Parkmerced Residents’ Organization (PRO) has been revived, and provided the Commissioners with a copy of their newsletter.

2. Peter Plonsky, the tenant in the case at 501 Taylor #201 (AT010004), told the Board that he has endured "sub-human conditions", and that it would have been better if he had moved to another unit in the building in 1998. Mr. Plonsky believes that there may be collusion between his landlord and the owners of the building next door.

V. Consideration of Appeals

A. 4220 Cesar Chavez, Apt. 101 AT2K0233

The landlord’s petition for certification of capital improvement costs was granted. The tenant appealed; the appeal was accepted and remanded for a hearing on the tenant’s claim of financial hardship. The Administrative Law Judge found that the tenant had demonstrated sufficient financial hardship to waive the retroactive amounts owed, but imposed the $28.70 monthly passthrough effective January 1, 2001. The tenant appeals the remand decision, asserting that her net, rather than gross, income should be used in determining whether she qualifies for a hardship deferral; and that there are several factual errors in the remand decision.

MSC: To recuse Commissioner Becker from consideration of this appeal. (Becker/Gruber: 4-0)

MSC: To accept the appeal and defer imposition of the approved capital improvement passthrough until July 1, 2001, at which time it shall go into effect. (Marshall/Gruber: 3-1; Hobson dissenting)

B. 1135 Masonic #7 AT2K0244

The tenant’s petition alleging an unlawful increase in rent from $$1,017.00 to $2,100.00 was denied because the Administrative Law Judge found that the increase was justified pursuant to Costa-Hawkins. The tenant appealed on the grounds of financial hardship.

The day before the Board meeting, the tenant submitted additional arguments in support of his appeal, including allegations that he resided at the rental unit pursuant to an agreement with an agent of the landlord, and therefore was not a subtenant subject to a Costa-Hawkins rent increase. Since there was no evidence that this submission had been served on the landlord, the Commissioners continued consideration of this appeal in order for staff to serve the landlord and provide an opportunity to him to respond, should he desire to do so.

C. 542 Mason St. AT2K0234 thru -43

The landlords’ petition for certification of capital improvement costs to 19 of 34 units was granted, resulting in a monthly passthrough in the amount of $15.43. The tenants in ten units appeal the Decision on the grounds of financial hardship.

MSC: To accept the appeals of the tenants in unit numbers 1, 20, 23, 50 and 55 and remand those cases for a hearing on the tenants’ claims of financial hardship; to deny the appeals of the tenants in unit numbers 52, 53 and 54. (Lightner/Gruber: 4-0)

The appeals of the tenants in unit numbers 30 and 60 were continued in order for staff to obtain additional information.

D. 4220 Cesar Chavez #429 AT2K0232

The tenant’s petition alleging substantially decreased housing services was dismissed due to her failure to appear at the properly noticed hearing. On appeal, the tenant claims not to have received the Notice of Hearing, and attaches the requisite Declaration of Non-Receipt of Notice of Hearing.

Consideration of this appeal was continued in order for staff to contact the tenant and obtain additional information.

E. 701 Pine #37 AT2K0245

The tenant’s petition alleging decreased housing services due to noise coming from the upstairs neighbors was denied because the Administrative Law Judge found that the tenant had failed to meet his burden of proof and that the landlord had acted reasonably in attempting to address the tenant’s concerns. On appeal, the tenant claims that: the Decision is biased in favor of the landlord; a report obtained from a private investigator was completely ignored; there are mis-statements of fact in the Decision; and the landlord has not acted to mitigate the noise, since he does not believe that there is a problem.

MSC: To recuse Commissioner Lightner from consideration of this appeal. (Lightner/Gruber: 4-0)

MSC: To deny the appeal. (Gruber/Marshall: 3-0)

F. 801 Jones St. #308 AT010002

The landlord’s petition for certification of capital improvement costs and rent increases based on increased operating expenses to 31 of 60 units was granted. One tenant appeals the decision on the grounds of financial hardship.

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

G. 501 Taylor St. #201 AT010004

The tenant’s petition alleging decreased housing services due to construction noise from neighboring buildings, a noisy upstairs neighbor, harassment and poor ventilation was denied because the Administrative Law Judge found that the conditions were not the landlord’s responsibility or were within what is reasonably to be expected for apartment living. The tenant appeals, claiming that there are factual errors in the Decision; that the landlord does not care about the image of the building; and that he should have been granted a 50% reduction in rent for several months in the years 1999 and 2000.

MSC: To deny the appeal. (Lightner/Gruber: 4-0)

VI. Communications

The Commissioners received correspondence concerning cases on the calendar.

VII. Director’s Report

Executive Director Grubb informed the Board that Khin Mai Aung will be sworn in as an Alternate to Commissioner Marshall on Friday, February 2nd, at 10"15 a.m. in the Mayor’s Office at City Hall.

VIII. Old Business

Fair Return/Implementation of Prop. H

This issue will be discussed at the February 6th meeting in conjunction with an Executive Session with Deputy City Attorneys Andrew Schwartz and Marie Blits concerning the case of Quigg v. Rent Board (Superior Court Case No. 316928).

IV. Remarks from the Public (cont.)

3. The tenant involved in the case at 701 Pine #37 (AT2K0245) informed the Board that he did not think his evidence had been considered and said that the Board’s decision to deny his appeal was unfair.

4. Robert Pender introduced two other members of the Board of Directors of PRO.

IX. Calendar Items

February 6, 2001
4 appeal considerations (1 cont. from 7/1/00; 1 cont. from 1/16/01)
Closed Session re Quigg v. Rent Board (Superior Court Case No. 316928)
Old Business: Consideration of Draft Regulations Providing for Implementation of Prop. H

February 13, 2001 - NO MEETING

X. Adjournment

President Wasserman adjourned the meeting at 7:30 p.m.

    Last updated: 10/9/2009 11:26:12 AM