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October 01, 1996

October 01, 1996B>

 

 

 

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

Tuesday, October 1, 1996 at 5:30 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level

  1. Call to Order

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

  2. Roll Call

    Commissioners Present: Becker; Bierly; Marshall; Palma.
    Commissioners not Present: Gruber; Mosser; Murphy; Wasserman.
    Staff Present: Grubb; Wolf.

    Commissioner Lightner appeared on the record at 5:45 p.m.;
    Commissioner Moore arrived at the meeting at 5:50 p.m.

  3. Approval of the Minutes

    MSC: To approve the Minutes of September 17, 1996 with the following correction: the summary of the appeal concerning the Golden Gateway complex, lines 10 -14, should read as follows: The policy is that management makes a determination as to the need for the work and the resident is informed that the cost of the work may be the subject of a capital improvement passthrough petition, or the tenant is referred to private contractors for performance of the work. (Palma/Marshall: 3-0)

  4. Remarks from the Public

    Gerda Fiske of the Tenants’ Network announced that she was in attendance at the meeting in Robert Pender’s stead. A landlord in attendance remarked on the fact that no landlord Commissioners had yet arrived at the meeting, and expressed his opinion that no real quorum therefore existed.

  5. Consideration of Appeals

    1. 60 Leavenworth St. #34 R001-06R (cont. from 9/17/96)

      The tenant’s petition alleging substantial decreases in housing services was dismissed due to her failure to appear at the properly noticed hearing. The tenant filed an appeal five and one-half weeks late, alleging that she missed the hearing because of the hospitalization of her daughter. Staff had requested documentation of the daughter’s illness and the reason for the tenant’s untimely filing of the appeal, which was not received by the time of the September 17th meeting. However, as the tenant’s appeal raised the possibility of a language problem, the Board voted to continue this matter in order for staff to contact the tenant.

      MSC: To find good cause for the late filing of the appeal. (Marshall/Palma: 3-0)

      MSC: To accept the appeal and remand the case for a new hearing. (Marshall/Palma: 3-0)

    2. 320 Scott St. R001-15A

      The tenants’ petition alleging substantial decreases in housing services was granted, in part, and the landlord was found liable to the tenants in the amount of $1,860.00 due to defective windows in three rooms of the unit; lack of a working fireplace; leaks in a porch/utility room area; and a bathroom ceiling with mold and peeling paint. On appeal, the landlord asserts that: pursuant to the lease agreement between the parties, the tenants agreed to rent the premises "as is"; in lieu of work being done on the premises, a 6-month credit off the monthly rent in the amount of $50.00 was given; the tenants failed to cooperate with attempts to effectuate repairs; and the tenants’ continuous requests for unnecessary maintenance and repairs are simply an attempt to avoid paying rent.

      MSC: To deny the appeal. (Palma/Marshall: 4-0)

    3. 80 - 7th Ave. #3 & #4 R001-43R

      This case was continued to the next meeting in order to provide the appellant with audible tapes of the hearing.

    4. 1935 A-2 & 1943 - 15th St. #2 R001-44 & -45R

      The landlords’ petition seeking rent increases for eight units due to increased operating expenses and capital improvement costs was granted, in part. One tenant appeals the decision on the grounds of financial hardship. The tenant in another unit maintains that the costs of new redwood and chain link fences should not be allocated to his unit because these fences close off the parking area from neighboring properties. As the tenant does not park a car on the premises and has no access to this area, he believes that he derives no benefit from these improvements.

      MSF: To deny the appeal of the tenant in unit #A2 on the issue of allocation of the capital improvement costs; and to continue the hardship appeal of the tenant in unit #2 in order to obtain additional information regarding additional income the tenant may receive in the form of tips. (Palma/Lightner: 2-2; Becker, Marshall dissenting)

      MSC: To deny the appeal of the tenant in unit #A2 on the issue of the allocation of capital improvement costs. (Palma/Lightner: 4-0)

      MSC: To accept the appeal of the tenant in unit #2 and remand the case for a hearing on the tenant’s allegation of financial hardship. (Marshall/Becker: 3-1; Lightner dissenting)

    5. 1206 A Fulton St. R001-46R

      Three tenant petitions alleging substantial decreases in housing services were granted, in part, by the hearing officer. The landlord was found liable to the tenant in one unit in the amount of $1,537.50 due to dangerous scaffolding in the front of the building; a leak in the front wall; lack of smoke detectors; and a defective electrical outlet in the kitchen. On appeal, the tenant asserts that she was very nervous at the hearing and mistakenly valued the rent reductions she was seeking at a monthly, rather than weekly, amount; that she should have been reimbursed for the costs of meals during the time she was without a working stove; that she is paying for the costs of the hallway lighting for the entire building; that the electrical wiring in the kitchen is inadequate, for which she should be compensated; and that issues raised at the hearing by other tenants in the building affect her as well.

      MSC: To accept the appeal and remand the case for a hearing to determine the amount that the tenant is paying for the common hallway lighting, and to reduce the rent accordingly. All parties are instructed to furnish whatever information and/or documentary evidence may be available, from PG&E or any other source. (Marshall/Becker: 4-0)

  6. Communications

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

    1. The office workload statistics for the month of August.

    2. A Memorandum from the Office of the City Attorney concerning election activities by City departments and employees.

  7. Director’s Report

    Executive Director Grubb reported that Commissioner Wasserman will return at the October 15th Board meeting.

  8. New Business

    The Commissioners received a packet of materials from Senior Hearing Officer Sandra Gartzman in response to the requests of some Commissioners at the September 3rd discussion of the Rent Board’s Mediation Project. Included were re-drafted Notices of Mediation Session, which make clear that no one is required to engage in the mediation process, but may elect to arbitrate instead. Additionally, amendments to Rules and Regulations Sections 11.15, 11.20 and 11.21 were drafted to incorporate the mediation process which will, if approved by the Board at the next meeting, be put out for Public Hearing.

  9. Calendar Items

    October 8, 1996 - NO MEETING

    6:00 October 15, 1996
    9 appeal considerations (1 cont. from 10/1/96)
    Old Business: Mediation Project

    October 22, 1996 - NO MEETING

  10. Adjournment

    President Becker adjourned the meeting at 6:30 p.m.

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