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February 20, 1996

February 20, 1996B>

 

 

 

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


Tuesday, February 20, 1996 at 5:30 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level


I. Call to Order

President L. Becker called the meeting to order at 5:40 p.m.

II. Roll Call

Commissioners Present: L. Becker; Gruber; Hayden; Lightner; Marshall; Nash.
Commissioners not Present: B. Becker; How; Wasserman.
Staff Present: Grubb; Wolf.

III. Approval of the Minutes

MSC: To approve the Minutes of February 6, 1996.
(Hayden/Marshall: 4-0)

IV. Consideration of Appeals

A. 3032 Steiner St. Q001-35R

The landlord’s petition for certification of capital improvement costs was granted, resulting in a monthly passthrough of $275.77 ($151.08 after imposition of the 10% "cap"). The tenant filed an appeal on the grounds of financial hardship, which was accepted by the Board and remanded to the hearing officer. In the Decision on Remand, the hearing officer denies the tenant’s appeal, finding that she failed to carry her burden of proof by not substantiating her own and the co-occupants of the unit’s income and expenses. On appeal of the Decision on Remand, the tenant produces additional documentation regarding her income and resources. Further, she argues that she and her room-mates are not jointly and severally liable for the rent. Rather, she claims to be the master tenant of the unit, and therefore solely liable for payment of the rent, including the capital improvement passthrough.

MSC: To deny the tenant’s appeal but to make the effective date for imposition of the capital improvement passthrough March 1, 1996; no arrearages are therefore owing from the tenant to the landlord. (Gruber/Lightner: 5-0)

V. Communications

The Commissioners received the following communications:

A. An Invitation from Mayor Brown to an Orientation Meeting for members of City Boards and Commissions to be held on Saturday, February 24, 1996, at 10:00 a.m.

B. A copy of the proposed departmental budget, which is in an amount 4.5% over the current year’s budget, primarily due to salary increases which resulted from collective bargaining.

VI. Director’s Report

Executive Director Grubb went over the proposed budget with the Commissioners, who gave it their approval. He also announced that the capital improvement imputed interest rate as of March 1, 1996 will be 5.5% for seven year work and 5.6% for costs amortized over ten years.

VII. Old Business

The Commissioners discussed possible amendments to Rules and Regulations Section 6.14 in order to conform that section to the new requirements of state law mandated by the Costa-Hawkins Bill (AB 1164), which took effect on January 1, 1996. Commissioners Lightner and Marshall distributed draft revisions of Rules Section 6.14 for discussion. Much of the dialogue centered on the extent to which Section 6.14 must be modified in order to comply with current state law; and whether the bare minimum to effectuate compliance will be the Board’s goal, or whether more sweeping revisions to effect policy changes and clarification will ensue.

VIII. Calendar Items

February 27, 1996 - NO MEETING

March 5, 1996
4 appeal considerations
Old Business: Costa-Hawkins Bill (AB 1164)

IX. Adjournment

President L. Becker adjourned the meeting at 7:15 p.m.

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