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September 27, 1999

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 tenant’s 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 subtenant’s 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 Board’s 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. Director’s 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.

Last updated: 10/9/2009 11:26:14 AM