To view graphic version of this page, refresh this page (F5)

Skip to page body

August 17, 1999

August 17, 1999
MINUTES OF THE REGULAR MEETING OF 
THE SAN FRANCISCO RESIDENTIAL RENT
STABILIZATION & ARBITRATION BOARD,

Tuesday, August 17, 1999 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 6:03 p.m.

II. Roll Call

Commissioners Present: Becker; Lightner; Marshall; Mosser; Murphy; Wasserman.

Commissioners not Present: Bierly, Justman.

Staff Present: Grubb, Gartzman, Lee

Commissioner Gruber appeared on the record at 6:07 p.m.

III. Approval of the Minutes MSC: To approve the Minutes of August 3, 1999 with a correction to the vote on 1935 Franklin to reflect that Commissioner Marshall was the dissenting member in that matter.

(Marshall/Lightner: 5-0)

IV. Remarks from the Public A woman indicated that sensitive personal documents submitted to the Rent Board should be kept confidential at all times. V. Executive Session The Commission went into Executive Session to discussion litigation in the matter of Golden Gateway v. S.F. Rent Board, Superior Court Case No. 982216 and Court of Appeal Case No. A083297. After deliberation with Deputy City Attorney Marie Blits, the Commission voted to divulge the contents of their discussion in the following motion: MSC: To divulge the nature of their deliberation, which was whether or not the City should take any action with respect to the Court of Appeal’s recent decision in this matter. The Board decided not to recommend any action, since the Board was split in its opinion as to whether or not any action should be taken. The Tenant Commissioners felt that there should either be a request for re-hearing and/or action taken to have the decision de-published. The Landlord Commissioners felt that the decision should be left as is. The Neutral Commissioner did not feel that it was her responsibility to make the decision, but rather defer to the decision to the City Attorney on this matter. 

(Lightner/Becker: 5-0)

VI. Consideration of Appeals

A. 3751 Cesar Chavez (Army) St. T001-71A

(Cont. from 7/20/99)

The matter was continued to the September 7th meeting as the parties are still attempting to settle. B. 3414 - 25th St. #1 T001-95R

(Cont. from 8/3/99)

The tenant’s petition alleging decreased housing services was dismissed because the tenant, who does not speak English, appeared for two mediations unaccompanied by a translator after having been informed it would be necessary for her to procure one. On appeal, the tenant asserts that the first mediation session did not proceed because the landlord was unprepared; that the Rent Board was obligated to procure the services of a translator for the tenant; and that the grounds for dismissal contained in Rules and Regulations Section 11.16 are not present in this case.

At the July 20, 1999 Board meeting, the Commissioners continued consideration of the tenant’s appeal to the August 3, 1999 meeting so that the Department could ascertain from staff exactly what the tenant was told concerning translation issues and her hearing. After discussion of the August 3, 1999 meeting, consideration of this case was continued to the August 17th meeting, when a voting quorum would be present.

Staff was asked to contact St. Peter’s Housing Committee, which assisted the tenant prior to the hearing. The Director of St. Peter’s represented to the department that all their clients are repeatedly advised that they must bring an interpreter to the Rent Board. 

MSC: To deny the tenant’s appeal. 

(Wasserman/Gruber: 3-2, Becker and Marshall dissenting)

C. 1853 Scott St. T001-77A The landlord’s petition for certification of the cost of a new foundation to one unit was granted, resulting in a passthrough in the amount of $98.02 per month. However, the landlord was found liable in the amount of $2,970.00 due to an unlawful rent increase in 1998. On appeal, the landlord maintains that the prohibition on compounding of banked increases is unconstitutional and does not promote a legitimate government purpose because it punishes a landlord who refrains from raising the rent regularly; that the hearing officer represented that the increase was correct, and is therefore estopped from declaring it to be null and void; that the overcharge was de minimus and, therefore, the penalty results in a forfeiture; and that the tenant agrees that the decision is unfair. MSC: To deny the appeal, with a technical correction to clarify the wording in paragraph 14.

(Becker/Marshall: 5-0)

D. 647 Grandview Ave. #4 T001-78A The tenants’ petition alleging decreased housing services was granted and the landlord was found liable to the tenants in the amount of $1,200.50 due to the loss of storage space in the building and loss of quiet enjoyment of the rental unit due to noise and disturbances caused by the landlord. On appeal, the landlord claims that: the tenants’ petition is retaliatory and stems from the landlord’s refusal to rent a garage space to the tenants; storage space in the building was never offered to the tenants; the hearing officer exhibited bias toward the tenants and deprived the landlord of his due process rights at the hearing; the landlord was not present in his unit when the tenants claimed he was making excessive noise; and the evidence offered by the tenants is self-serving and without corroboration. MSC: To deny the landlord’s appeal.

(Becker/Marshall: 3-2, Gruber and Lightner dissenting.

E. 1150 Valencia St. T001-79A The tenants’ petition alleging decreases in housing services was granted, and the landlord was found liable to the tenants in the amount of $1,282.50 due to noise and intrusions from a construction project in the commercial unit below the tenant’s unit. The landlord appeals, claiming that: the hearing officer was biased in favor of the tenants and gave no weight to testimony and evidence entered by the landlords; the fact that no other tenants in the building filed petitions proves that the tenants’ claims are exaggerated; the tenant unlawfully entered the construction zone and harassed the workers; and there is no economic benefit to the landlord as a result of the construction. MSC: To accept the appeal and remand to the hearing officer on the record only for clarification as to why the value for the decreased service was $250 instead of $190. This is to be done as either a memorandum to the Commission or as a technical correction on the record.

(Becker/Marshall: 5-0)

F. 1900 Vallejo St. #405 T002-10R The landlords’ petition for certification of capital improvement costs for 4 out of 14 units was granted, resulting in a monthly passthrough in the amount of $38.04. One tenant appeals the decision on the grounds of financial hardship. MSC: To accept the appeal and remand for a hearing on the tenant’s financial hardship, with consideration being given to the tenant’s use of her savings for living expenses.

(Marshall/Becker: 5-0)

G. 221 Noe St. #3, 8 & 9 T001-80A; T002-11R The landlords’ petition for certification of capital improvement costs to five units was granted, in part. One tenant appeals the passthrough of the costs of a new deck, alleging that the work was necessitated by the landlords’ deferred maintenance. The landlord appeals the hearing officer’s discontinuation of a prior passthrough for interior painting on the grounds that it no longer benefits the tenants, because the landlord had not imposed the total amount that was approved. Instead, the landlord banked a portion of the passthrough. The landlord argues that, in circumstances such as this, discontinuation of the prior passthrough will force landlords to impose the total amount approved right away, for fear of losing the remainder. MSC: To accept the landlord’s appeal and remand to the hearing officer on the record to re-consider the issue of the discontinued banked passthrough for interior painting.

(Marshall/Gruber: 5-0)

MSC: To accept the tenant’s appeal and remand to the hearing officer for clarification as to whether or not the dry rot was a result of deferred maintenance. A hearing will be held only if necessary. 

(Marshall/Gruber: 5-0)

H. 629 Post St. T001-82A The tenant’s petition alleging an unlawful increase in rent and decreased housing services was granted, in part. The landlord was found liable to the tenant in the amount of $120.00 due to the loss of maid services in his residential hotel. Additionally, the landlord was found liable for rent overpayments in the amount of $1,466.99 because the tenant’s move to a new unit was found not to warrant a rent increase, because the tenant was forced to move because the landlord took no action against another tenant in the building who was endangering the tenant’s health. The landlord, who did not appear at the hearing, appeals, asserting that: he did not receive the Notice of Hearing until after the hearing was completed because he lives out of town, and the Notice was sent to his part-time residence in San Francisco, nor did he receive a phone call from Rent Board staff on the day of the hearing; the Decision of Hearing Officer is void because it was not issued in a timely manner; the tenant chose this particular unit, knowing that it had amenities justifying a higher rent; and the decision imposes a severe penalty without due process of law. MSC: To accept the landlord’s appeal and remand for a new hearing.

(Lightner/Gruber: 4-1, Marshall dissenting)

I. 1498 Noe St. T002-09R The tenants’ appeal was filed three days late because the tenants had vacated the unit and experienced delay in getting their mail forwarded. MSC: To find good cause for the late filing of the appeal.

(Marshall/Gruber: 5-0)

The landlord’s petition for a 7% rent increase for one unit based on increased operating expenses was granted. The tenants appeal the decision, claiming that one of the tenants should not be subject to the increase because she did not reside in the unit during the landlord’s Year One comparison period; that the landlord’s petition should have been administratively dismissed as lacking in documentation; that the additional time granted the landlord to perfect his petition caused the tenants to be liable for a large retroactive amount; and that the landlord has failed to refund the tenants’ security deposits after their having vacated the unit. MSC: To deny the tenant’s appeal. 

(Becker/Gruber: 5-0)

J. 555 Pierce St. #203, 301 & 304 T002-12R through -14R The landlord’s petition for certification of capital improvement costs and rent increases based on increased operating expenses was granted. The tenants in three units appeal the decision on the grounds of financial hardship. MSC: To have staff inquire of the tenant in unit #203 (T002-12R) as to his reference to a roommate in the hardship appeal form and whether or not there is a roommate now and what the circumstances were regarding the tenant’s right to have a roommate. If there is a roommate, the roommate must submit a hardship application prior the September 7th meeting. If it is determined that there is no roommate or no permission to have a roommate, then the appeal is accepted for hearing on the hardship issue.

(Becker/Marshall: 4-1, Lightner dissenting)

MSC: To accept the tenant’s appeal for unit #301 and remand for a hearing on the tenant’s claim of financial hardship.

(Lightner/Becker: 5-0)

MSC: To deny the appeal as to the tenant in unit #304.

(Lightner/Gruber: 5-0)

VII. Communications
A letter from Ms. Sandra Musser concerning her case.

A copy of a Civil Service report on Commission compensation.

VIII. Director’s Report Director Grubb reported that the Agenda information about department services is now translated into Spanish and Chinese. He also noted that the Leno legislation passed second reading on August 16th. It will be signed in 10 days by the Mayor and becomes law 30 days thereafter. IX. Old Business
 
A. Interest Rate When Capital Improvement Work is Financed With a Variable Rate Mortgage
The Commission’s discussion of the matter focused on the draft language provided by Commissioners Lightner and Marshall. A combination of sections from each of the two versions was considered, but no final decision on the matter was reached. The matter was continued to a special legislative session, which will be held Thursday September 9, 1999 at 6 p.m.
 
B. Rules and Regulations Section 6.14  
The Commission reviewed the draft proposal as submitted by Commissioner Lightner. The Commission discussed 6.14 with deputy City Attorney Blits and asked what might be needed to conform it with the Costa Hawkins Rental Housing Act. Ms. Blits was asked to review the proposed legislation, to attend the special legislative session on September 9, 1999 and provide a written response to the Commission prior the September 9th meeting. 
 
C. Commissioners’ Compensation  
Executive Director Grubb pointed out that there has been no increase in the Commissioners’ compensation since the early 1980s. However, the amount of work has increased since then. The complexity and length of decisions has grown over the years and the amount of legislation requiring consideration has increased as well. The compensation received should reflect this time investment as well as the actual time spent in the Commission meeting itself. Executive Director Grubb proposed the following compensation schedule: $25 for the first hour, $50 dollars for the first two hours and $75 dollars for any time in excess of the first two hours. The Commissioners voted unanimously to adopt the Executive Director’s proposal. 
X. Calendar Items August 24 & 31, 1999 - NO MEETINGS

September 7, 1999

10 appeal considerations

1 appeal hearing: T001-81A (2850 23rd St./2490 Bryant St.)

September 9, 1999

Legislative session: Sections 6.14 and 7.14 of the Rules and Regulations

XI. Adjournment President Wasserman adjourned the meeting at 10.10 p.m.

Last updated: 12/24/2013 1:58:21 PM