September 27, 1999p>
MINUTES OF THE SPECIAL MEETING
OF
THE SAN FRANCISCO RESIDENTIAL
RENT
STABILIZATION & ARBITRATION
BOARD,
Monday, September 27, 1999 at 6:00 p.m.
at
25 Van Ness Avenue, Suite 320
I. Call to Order
President Wasserman called the meeting
to order at 6:08 p.m.
II. Roll Call
Commissioners Present: Becker; Bierly; Gruber;
Lightner; Murphy; Wasserman.
Commissioners not Present: Mosser.
Staff Present: Wolf.
Commissioner Marshall appeared on the record at 6:14
p.m.; Commissioner Justman arrived at 6:20 p.m.
III. Old Business
A. Interest Rate When Capital Improvement Work
is Financed With a Variable Rate Mortgage
At the request of the Landlord Commissioners, this
issue was taken off calendar for the time being.
B. Ellis Act Amendments
Senior Hearing Officers Tim Lee and Sandy Gartzman
prepared a Memorandum for the Board explaining amendments to the Ellis Act
codified in Senate Bill 948, recently passed by the Legislature. SB 948
will require amendments to the Rent Ordinance, which staff will prepare
and submit to the Board shortly.
C. Costa-Hawkins
Deputy Director Wolf informed the Board that
Senate Bill 1098, recently passed by the State Legislature, amends certain
provisions of the Costa-Hawkins Rental Housing Act (Civil Code Section 1954.53),
which may require that the Rent Board amend its proposed package of amendments
to the Rent Ordinance forwarded to the Board of Supervisors. Deputy City
Attorney Marie Blits will prepare an explanatory Memo for the Commissioners
and appear at the October 19th Board meeting in order to answer any questions
they may have.
D. Proposed Amendments to Rules and Regulations
Section 6.15 in Conformity With Legislation Regarding Replacement
Roommates Sponsored by Supervisor Leno
Discussion of this issue was continued from
the meeting on September 7th. Deputy Director Wolf had given the Commissioners
a Memorandum with proposed language authored by Senior Hearing Officer Tim
Lee that would conform the procedures for obtaining consent to a replacement
roommate in the event of an absolute prohibition against subletting with
the current procedures outlined in Rules Section 6.15. The Leno legislation
provides that, in the event of an enforceable absolute prohibition against
subletting, if a landlord fails to respond to a tenants request to
sublease within 14 days, the subtenancy is deemed approved. The Commissioners
wanted it to be made clear that this does not affect the provision in Rules
Section 6.15(c)(iii) that allows a landlord five days to process a new subtenants
application in the event of a consent clause. The language shall also be
modified to make clear that the provisions of Section 6.15 apply only if
the tenant requesting permission to sublease continues to reside in the
unit. The proposed language will be re-drafted and discussion of this issue
will be continued to the meeting on October 5th.
E. Rules and Regulations Section 6.14/Costa-Hawkins
Prior to commencing discussion of this issue,
the Board passed the following motion:
MSC: To waive attorney-client privilege
regarding the contents of the Confidential Memorandum to the Board
from Deputy City Attorney Marie Blits. (Gruber/Lightner: 5-0)
Commissioner Lightner has proposed certain amendments
to Rules and Regulations Section 6.14 in order to further conform that Section
to the requirements of the Costa-Hawkins Rental Housing Act (Civil Code
Section 1954.50, et seq.). Commissioner Murphy opened the discussion by
stating that he believes that, pursuant to the provisions of Costa-Hawkins,
sub-tenants and assignees who did not reside in a unit prior to January
1, 1996 are in a completely different legal position than those tenants
who resided in the unit prior to that time. The Boards discussion
focused on the extent of those differences and the question of what would
constitute acquiescence to the tenancy by the landlord and waiver of the
right to give an unlimited rent increase. Commissioner Marshall agreed late
in the discussion that there are differences between pre- and post- January
1996 tenants, and suggested that the Landlord and Tenant Commissioners each
draft versions of Section 6.14: one for each of these categories of tenants.
Deputy Director Wolf asked if the Board wished to distinguish between tenants,
co-tenants and subtenants, since the language in Costa-Hawkins specifies
"sublessees and assignees" only. Commissioners Lightner and Murphy said
that they believe that replacement roommates are assignees. Since Senior
Hearing Officer Tim Lee originally raised this question, Commissioner Murphy
asked that Mr. Lee draft a Memorandum to the Board distinguishing these
different categories of tenant, including the research that he bases his
conclusions on. This issue will be continued to the meeting on October 19th.
IV. Remarks from the Public
Miguel Wooding of the Tenants Union commented
on the Commissioners discussion of Costa-Hawkins and Rules and Regulations
Section 6.14.
V. Directors Report
In the absence of Executive Director Grubb, Deputy
Director Wolf informed the Commissioners that Frederick Hobson has been appointed
as the Alternate Tenant Commissioner for Commissioner Becker. Mr. Hobson will
be sworn in by the Mayor on Wednesday, September 29th.
VI. Calendar Items
October 5, 1999
9 appeal considerations (1 post. from 9/7/99)
Old Business: Rules Section 6.15 (Leno Legislation)
October 12, 1999 - NO MEETING
VII. Adjournment
President Wasserman adjourned the meeting at 8:45
p.m.