April 02, 1996

I. Call to Order

President Becker called the meeting to order at 5:35 p.m.

II. Roll Call

Commissioners Present: Becker; Bierley; Lightner; Mosser; Murphy; Palma.
Commissioners not Present: Wasserman.
Staff Present: Grubb; Wolf.

Commissioner Marshall appeared on the record at 5:43 p.m.; Commissioner Gruber arrived at 5:45 p.m.

III. Approval of the Minutes

MSC: To approve the Minutes of March 19, 1996.
(Lightner/Mosser: 5-0)

IV. Remarks from the Public

Robert Pender of the Tenants’ Network reported the defeat of Proposition 199, regarding rent control in mobile home parks, on the March 26th ballot; that he received in excess of 6,000 votes in his run for Democratic Central Committee; and that there will be a "Tenants’ Congress" on April 13, 1996.

V. Consideration of Appeals

A. 105 Chenery St. Q001-43A

The tenant’s petition alleging substantial decreases in housing services was granted, in part, and the landlord was found liable to the tenant in the amount of $955.00 due to various habitability defects on the premises. On appeal, the landlord alleges: that certain of the problems alleged by the tenant were repaired promptly upon receipt of notice of the problem from the tenant; that the tenant has caused certain of the problems by her own conduct; that the tenant contacted the Department of Building Inspection prior to any notification to the landlord; that a rent reduction of $20 per month for 13 months for a drainage problem on the front landing fails to take seasonal differences into account; and that he has been responsive to bona fide defects on the premises, but is being harassed by the tenant.

MSF: To accept the landlord’s appeal and remand the case to a new hearing officer for a new hearing. (Gruber/Lightner: 2-3; Becker, Marshall, Palma dissenting)

MSC: To accept the landlord’s appeal and remand the case to the hearing officer on the record on the following issues only: to allow the landlord to respond to the Department of Building Inspection Order of Abatement submitted after the record had closed; to issue a Technical Correction to the Decision to reflect the fact that Professor Mark Aaronson of the Hastings Civil Justice Clinic was in attendance at the hearing; and to re-consider the length of time that rent reductions were granted for the drainage problem on the front landing. A hearing will be held only if necessary. (Marshall/Palma: 5-0)

B. 162 Sweeney St. Q001-49R

The tenant’s petition alleging decreased housing services was denied because the tenant failed to provide access in order for the landlords to effectuate repairs. The tenant, who has several young children living on the premises, had concerns that repair work by untrained persons could disturb lead-based paint surfaces and create serious health hazards for her family. The tenant appeals, asserting that sufficient documentary and oral evidence were produced at the hearing to substantiate a finding for the tenant on the issues of lack of heat, an inoperable shower door, a broken fence, cockroach infestation, excessive PG&E bills due to the presence of additional occupants in an illegal unit, no kitchen fan/vent and laundry room venting, and several other defects on the premises.

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

C. 74 - 6th St. #231 Q001-50R

The tenant’s petition alleging substantial decreases in housing services was dismissed due to her failure to appear at the properly noticed hearing. On appeal, the tenant claims that she was ill, and that she could provide medical records if necessary. The Deputy Director contacted the tenant and said that medical documentation would be advisable, at which time the tenant indicated that she had failed to receive notice of the hearing. The tenant failed to furnish a Declaration of Non-Receipt of Notice of Hearing, which was sent to her, nor any documentation of her medical condition.

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

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

D. 1000 Howard St. #212 Q001-46A

The tenant’s petition alleging substantial decreases in housing services was granted, in part, and the landlord was found liable to the tenant in the amount of $1,058.00 due to habitability defects on the premises. The landlord had failed to appear at the properly noticed hearing. On appeal, the landlord submits a Declaration under penalty of perjury attesting to the fact that the property manager for the premises had been out of the country prior to the mailing of the Notice of Hearing and did not return until after the hearing had been held. After discussion, it was the consensus of the Commissioners to continue consideration of this case to the next meeting in order to obtain a Declaration from the property manager attesting to his unavailability for the hearing and explaining who performed necessary duties in his absence, including collection of rent.

E. 135 - 6th St. #410 & 406 Q001-45A

Two tenants’ petitions alleging substantial decreases in housing services in a residential hotel were granted, in part, by the hearing officer. The tenant in unit #410 was granted rent reductions in the amount of $50.00 per month: $25.00 due to inadequate heat and $25.00 because of repeated and persistent power outages. The tenant in unit #406 was granted $25.00 per month due to inadequate heat only. The landlord appeals, asserting that: the heating problem was repaired within two weeks after notice from the tenant, who failed to provide access for the repairs to be effectuated; the heat is controlled by a thermostat which is located in a room occupied by a tenant in the building, and is not under the landlord’s control; the hotel is part of a City program under the auspices of the Tenderloin Housing Clinic and is therefore subject to frequent inspections by the Department of Building Inspection, all of which it has passed; and that the hearing officer exhibited bias against the landlord.

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

MSC: To accept the landlord’s appeal and remand the case to a new hearing officer for a new hearing on the issues of the power outages and adequacy of heat; both parties are encouraged to provide as much documentary and historical evidence as possible to augment their positions. (Marshall/Palma: 5-0)

VI. Communications

In addition to correspondence concerning cases on the calendar, the Commissioners received the following communications:

A. Several letters from landlords encouraging the Board to simplify and clarify Rules and Regulations Section 6.14.

B. A confidential roster with the Commissioners’ names and addresses.

C. The office workload statistics for the month of February, 1996.

D. The Annual Report on Eviction Notices delivered to John Taylor, Clerk of the Board of Supervisors.

VII. Director’s Report

Executive Director Joe Grubb reminded the Commissioners to turn in their Form 730 Economic Interest Statements.

VIII. Old Business

The Commissioners engaged in a discussion of the Costa-Hawkins Bill (AB 1164), particularly with regard to subletting issues and necessary changes to Section 6.14 of the Rules and Regulations. This discussion will continue at the April 30th Board meeting, which Deputy City Attorney Mariam Morley will be asked to attend.

IX. Calendar Items

April 9, 1996 - NO MEETING

April 16, 1996
5 appeal considerations (1 cont. from 4/2/96)

April 23, 1996 - NO MEETING

April 30, 1996
Old Business: Costa-Hawkins Bill (AB 1164)

X. Adjournment

President Becker adjourned the meeting at 8:05 p.m.