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September 04, 2001

September 04, 2001/p>

 

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

Tuesday, September 4, 2001 at 6:00 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level

    I. Call to Order

    President Wasserman called the meeting to order at 6:06 p.m.

    II. Roll Call

    Commissioners Present: Aung; Becker; Gruber; Hobson; Mosser; Wasserman.

    Commissioners not Present: Lightner; Marshall.

    Staff Present: Grubb; Wolf.

    Commissioner Justman appeared on the record at 6:11 p.m.; Commissioner Murphy arrived at the meeting at 6:15 p.m.; and Commissioner Becker went off the record at 6:38 p.m.

    III. Approval of the Minutes

          MSC: To approve the Minutes of August 21, 2001, with the following addition to the comments upon the conclusion of the Public Hearing concerning new Rules and Regulations Section 1.21: Commissioner Hobson asked that the record also note that he stated that the regulation, if prospective, would create two different classes of tenants, not treated equally.

                  (Becker/Gruber: 4-0)

    IV. Consideration of Appeals

    A. 3330 Pierce St. #104 AL010131

    The landlord’s petition for rent increases based on increased operating expenses was granted, resulting in 7% base rent increases to the tenants in 15 units. The increase was denied as to the tenants in unit #104, because they had received a comparables rent increase effective April 1, 2001, a date which fell within Year 2 of the operating and maintenance expense petition. The landlord appeals only as to the denial of the increase to unit #104, asserting that the decision on the comparables rent increase established the base rent as of December, 1995, and factored in only annual increases since that time, which should not preclude an additional increase based on subsequent increased operating expenses.

          MSC: To accept the appeal and remand the case to the Administrative Law Judge on the record to grant the 7% operating and maintenance expense rent increase to the tenants in unit #104, based on the facts of this case. (Gruber/Murphy: 5-0)

    B. 2333 Market St. AT010132

    The tenant’s petition alleging an unlawful increase in rent was denied because the Administrative Law Judge found that a $100 rent increase was a permissible charge for the additional housing service of being allowed to have a cat on the premises. On appeal, the tenant contends that he did not know that it could be unlawful to charge additional rent for a pet prior to filing the petition; and that there are other factual errors in the decision.

    During discussion, Commissioner Hobson said that there is a State law that prohibits increases in rent because of a pet on the premises. Consideration of this appeal was continued to the meeting on September 18th in order for Commissioner Hobson to provide staff with a copy of this bill to disseminate to the Commissioners.

      C. 140 - 20th Ave. AL010041

    The landlords’ petition for certification of capital improvement costs to 11 of 18 units was granted, in part. The landlord appeals the disallowance of a cost of $7,698.00 for "construction management" of a brick façade project, asserting that: this cost covered the planning, design and development of the construction work done, some of which occurred during construction; the fee billed by the property manager did not cover the property manager’s actual out-of-pocket staff expense; and both the early project management work and the later project management work were necessary parts of the project and the costs should be certified as part of the capital improvements.

    After discussion, it was the consensus of the Board to continue consideration of this appeal in order to obtain a Memorandum from the Administrative Law Judge.

    D. 110 Portola Dr. #2 AL010128

    The tenant’s petition alleging decreased housing services due to removal of the right to have an extra front door key was granted, and the landlords were found liable in the amount of $315.00, or $70.00 per month. On appeal, among other arguments, the landlords asserted that the Administrative Law Judge erred in granting more than the amount requested by the tenant in her petition. The Commissioners accepted the landlords’ appeal only to adjust the amount of the rent reduction to an amount no greater than that requested in the tenant’s petition, or $50.00, and denied the appeal as to all other issues. The landlords appeal the remand decision, claiming that: the tenant failed to meet her burden of proof; the landlords were not given adequate time to respond to the tenant’s evidence upon appeal; the facts do not warrant the tenant being awarded $50.00 per month; the decision in this case is not in keeping with previous cases decided by the Board; and the Administrative Law Judge exhibited bias against the landlord.

          MSC: To recuse Commissioner Gruber from consideration of this appeal. (Justman/Murphy: 5-0)

          MSC: To deny the appeal. (Becker/Aung: 3-2; Mosser, Murphy dissenting)

    E. 670 Eddy St. #302 AT010129

    The tenant’s petition alleging an unlawful increase in rent, decreased housing services and the landlord’s failure to repair was denied because the tenant failed to prove substandard conditions in the residential hotel, and the rent increase was authorized pursuant to the banking provisions of the Ordinance. On appeal, the tenant maintains that she cannot afford to pay the rent increase and that "pain and suffering" should be taken into account in the disposition of cases.

          MSC: To deny the appeal. (Gruber/Murphy: 5-0)

    F. 1684 & 1688 Grove St. AT010028 & -29

    The landlord’s petition for certification of capital improvement costs was granted, resulting in monthly passthroughs in the amount of $$99.47 to the tenants in three units. The tenants in two of the units appeal, asserting that: the capital improvement work was necessitated by the landlord’s deferred maintenance; the work was in the nature of repair; the landlord was not required to provide proof of payment; and the decision of the Administrative Law Judge is unfair and biased against the tenants.

          MSC: To deny the appeals. (Gruber/Murphy: 4-1; Hobson dissenting)

      G. 3711 Fillmore St. #302 & 304 AT010037 & -0130

    The landlord’s petition for certification of capital improvement costs, including seismic work, to the tenants in two units was certified. The tenants in both units appeal the decision. The tenant in unit #304 claims that the Administrative Law Judge did not take into account necessary repairs that should not have been passed through to the tenants. The tenant in unit #302 asserts that the work also benefits the tenants in another building, which is joined at the roof with the subject building; that the amount of the passthrough is incorrect; and that payment of the passthrough would constitute a financial hardship.

          MSC: To deny the appeal of the tenant in unit #304. (Gruber/Murphy: 5-0)

          MSC: To deny the substantive appeal of the tenant in unit #302. (Gruber/Murphy: 5-0)

          MSC: To accept the appeal of the tenant in unit #302 and remand the case for a hearing on the tenant’s claim of financial hardship only. (Murphy/Aung: 5-0)

      H. 542 Mason St. #42 AT010040

    The landlords’ petition for certification of capital improvement costs to the tenants in 18 units was granted. The tenants in ten units appealed the Decision on the grounds of financial hardship; five of those appeals were granted and remanded for hearing. The tenants in one additional unit untimely appeal the decision on the grounds of financial hardship. The tenant’s appeal was filed 3 and one-half months late because the tenant, who is elderly, had been in the hospital at the time the decision was issued and forgot to file until other tenants in the building received their decisions on remand.

          MSC: To recuse Commissioner Aung from consideration of this appeal. (Gruber/Murphy: 5-0)

    Since there was only one voting Tenant Commissioner in attendance after Commissioner Aung’s recusal, this case was continued to the next meeting.

      I. 3116 - 16th St. #17 AT010042

    The landlords’ petition for certification of capital improvement costs to 18 of 30 units was granted, in part. The tenants in one unit appeal the decision on the grounds of financial hardship.

          MSC: To recuse Commissioner Wasserman from consideration of this appeal. (Justman/Murphy: 5-0)

          MSC: To deny the appeal. (Murphy/Gruber: 5-0)

      J. 760 Geary St. #312 & M310 AT010046 & -92

    The landlord’s petition for certification of capital improvement costs to 33 of 92 units was granted, in part. Two tenants appeal the decision on the grounds of financial hardship.

          MSC: To accept the appeal of the tenant in unit number 312 and remand the case for a hearing on the tenant’s claim of financial hardship. (Hobson/ Aung: 5-0)

          MSC: To accept the appeal of the tenant in unit number M310 and remand the case for a hearing on the tenant’s claim of financial hardship. (Aung/Hobson: 5-0)

    V. Communications

    The Commissioners received the office workload statistics for the month of July, 2001.

    VI. Director’s Report

    Executive Director Grubb informed the Board that he will be on vacation from September 6th through September 21st. Deputy Director Delene Wolf will be acting in his stead.

    VII. Remarks from the Public

      A. The landlord involved in the case at 110 Portola Dr. #2 (AL010128) expressed his feeling that he did not get a fair hearing the first time around; said that the Administrative Law Judge took the tenant’s word over theirs; and failed to change his findings on remand even when faced with conflicting evidence.

      B. The tenant in the case at 2333 Market St. (AT010132) told the Board that he owned his cat for four years before moving into the property; that he had pointed out 11 discrepancies in the Decision, but the Administrative Law Judge only admitted to 1; and said that the Master Tenant’s witness wasn’t credible.

    VIII. Calendar Items

      September 11, 2001 - NO MEETING

      September 18, 2001

      12 appeal considerations (3 cont. from 9/4/01)

      Rules and Regulations Section 6.10(e)

    IX. Adjournment

    President Wasserman adjourned the meeting at 7:11 p.m.

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