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July 11, 2000

July 11, 2000p> 

 

 

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

Tuesday, July 11, 2000 at 6:00 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level 

I. Call to Order

Commissioner Becker called the meeting to order at 6:10 p.m.

II. Roll Call

Commissioners Present: Becker; Gruber; Hobson; Lightner; Mosser.

Commissioners not Present: Justman; Marshall; Murphy; Wasserman.

Staff Present: Wolf.

III. Approval of the Minutes

MSC: To approve the Minutes of June 20, 2000.

(Gruber/Lightner: 3-0)

IV. Consideration of Appeals

A. 1060 Cole St. #4 AT2K0088

The landlord's petition for certification of capital improvement costs to 7 of 9 units was granted. One tenant appeals the decision on the grounds that the Decision says that the tenant said that the roof was replaced in 1988, when it was really the landlord who said so.

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

B. 1140 Masonic Ave. AT2K0094

The tenant's appeal was filed 6 weeks late because the tenant was on vacation when the Decision was issued and was consulting with counsel regarding available legal options.

MSF: To find no good cause for the late filing of the appeal. (Lightner/Gruber: 2-1; Becker dissenting)

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

The tenant's petition alleging decreased housing services based on loss of use of the back yard, and invasions of privacy, harassment and breach of quiet enjoyment by an agent of the landlord was denied. Rent overcharges in the amount of $80.09 were, however, determined to be owing from the landlord to the tenant. The tenant appeals, claiming that: statements in the decision regarding the petitioner's appearance and education indicate bias on the part of the Administrative Law Judge; contradictory statements made by the landlord were not taken into account, nor were oral agreements between the parties; and sufficient weight was not given to attempted entry into the unit by the landlord without the consent of the tenants.

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

C. 2395 - 34th Ave., Apt. 7 AT2K0095

The landlords' petition for certification of capital improvement costs to 8 units was granted. One tenant appeals the decision on the grounds of financial hardship and the allegations that: the Administrative Law Judge (ALJ) was biased in favor of the landlord; the landlord failed to provide proof of payment for replacement of the roof; the landlord broke the law by doing the work without permits; the ALJ accepted the landlords' statements at the hearing as proof without substantiation; the 6-Month Rule should apply to bar the passthrough as it was known that the building needed painting when she moved in and estimates for costs of the work were obtained within 6 months of her move-in date; if the building had been painted sooner, the cost would have been less; the costs of the painting should be pro-rated over the period of time she has lived in the building; the window replacement was necessitated by faulty installation and constituted repair and maintenance, and not capital improvement; the landlord should not have been given the opportunity to augment the record after the hearing; there are errors as to this tenant's rent history in the decision; and the costs of the work are excessive and the result of deferred maintenance.

MSC: To deny the appeal as to the substantive objections to the capital improvement passthrough. (Gruber/Lightner: 3-0)

MSC: To accept the appeal and remand the case for a hearing on the tenant's claim of financial hardship. (Becker/Lightner: 3-0)

D. 1819 Golden Gate Ave. #12 AT2K0097

The tenant's petition alleging decreased housing services was dismissed because the tenant was 40 minutes late to the hearing. On appeal, the tenant claims to have thought that the hearing was scheduled for 3:00 p.m. instead of 1:30.

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

E. 614 Lake St. AL2K0096

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 $550.00 due to loss of the privilege of parking in the driveway. On appeal, the landlord asserts that: permitting the tenants to use the driveway to park their car only when they were unable to find parking on the street does not constitute a housing service and any such contract between the parties would have been illegal and unenforceable; the finding that use of the driveway was included in the initial base rent for the unit was based solely on hearsay; and the tenants failed to prove the value of the limited use of the driveway as a housing service.

MSC: To accept the appeal and remand the case to consider the width of the garage and whether it is possible to legally park in the driveway in front of the garage; if it would be illegal to do so, then no decrease in housing services has occurred. If such parking would be legal, then the Administrative Law Judge shall re-evaluate the value of such parking. The parties are encouraged to provide evidence as to the value of parking in the neighborhood. A hearing will be held only if necessary. (Lightner/Gruber: 3-0)

F. 360 Hyde St. AT2K0100 thru -07

The landlord's petition for certification of capital improvement costs to 28 of 41 units was granted, in part. Seven tenants appeal the decision on the grounds of financial hardship.

MSC: To accept the appeals of the tenants in unit numbers 407, 103, 304, 302, 406, 403, 201 and 306 and remand the cases for hearing on the tenants' financial hardship claims. (Becker/Lightner: 3-0)

G. 161 & 165 Jordan Ave. AL2K0099

The tenants in five of the 8 units in the building filed petitions alleging decreased housing services and unlawful rent increases, which claims were partially granted. Within 15 days after the Decision of the Administrative Law Judge was issued, the landlord's son wrote the Board a letter requesting an extension of the appeal deadline because of his father's having been bedridden due to ill health at that time. Now, two months later, the son reports that his father has been hospitalized, and requests that his father be allowed to file an untimely appeal at such time as he is released from the hospital.

MSC: To accept the landlord's request and allow him 6 months from the date of tonight's meeting, or until no later than January 11, 2001, to pursue his appeal. (Becker/Gruber: 3-0)

H. 1278 - 26th Ave. AT2K0098

The landlord's petition for certification of capital improvement costs and a rent increase based on the Past Rent History of this Newly Covered Unit under Proposition I was granted. The tenant appeals, claiming that: he received notice of the rent increases prior to the petitions having been filed; the allocation of costs for the new roof and exterior paint is unfair because his unit is significantly smaller than the other unit in the building, in which the landlord resides; the skylights were not incidental to the roof replacement and those costs should not have been certified; and the cost of the new heater should not be certified since it does not add value to the building.

MSC: To accept the appeal and remand the case to the Administrative Law Judge to disallow the cost of the skylight replacement, but to allow an amount commensurate with the cost of re-roofing that area; the appeal is denied as to all other issues. A hearing will be held only if necessary. (Lightner/Gruber: 3-0)

V. Communications

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

A. A copy of the Request for Proposal and Housing Study Protocol Documents.

B. A current list of amendments to the Rent Ordinance.

C. The office workload statistics for the month of May, 2000.

D. An Order Denying Petition for Writ of Mandate from Judge David Garcia in the case of Danekas v. Rent Board (Superior Court Case No. 310104), which challenged Rules and Regulations Section 6.15, pursuant to amendments to the Rent Ordinance introduced by Supervisor Leno.

VI. Remarks from the Public

    1. Bernard Kibbe, the tenant at 1060 Cole #4 (AT2K0088), informed the Board that the roof on his building was replaced while he was on Section 8, and he also received a rent increase at that time. He therefore feels like he is paying for this improvement twice.
    2. Lillian Brumley asked what constituted landlord hardship.
    3. Jeff Woo of the Tenants' Union inquired as to who would be responsible for the cost of a new skylight if the roof on the building was not replaced at the same time.

VII. New Business

Commission Hobson asked that he not received any further letters from one specific tenant at Parkmerced who is objecting to the landlord's petition for rent increases based on increased operating expenses in a scurrilous manner. The Deputy Director suggested that any Commissioners who shared Commissioner Hobson's feelings just not open the letters.

VIII. Calendar Items

July 18 & 25, 2000- NO MEETINGS

August 1, 2000

8 appeal considerations

6:30 Appeal Hearing: 123 Sanchez St. #8 AT2K0083 (acpt. 6/20/00)

IX. Adjournment

Commissioner Becker adjourned the meeting at 7:25 p.m.

 

Last updated: 10/9/2009 11:26:13 AM