- 235 Greenwich St. S001-30A; S001-45R & -49R
The landlord’s petition for certification of capital improvement costs to the tenants in four units was granted,
in part. In addition, the landlord was found liable to the tenant in one unit in the amount of $2,857.78 due
to rent overpayments, and notices of rent increase which failed to separate capital improvement costs from
the portions of the rent increase reflecting annual and/or banked amounts were found to be defective.
The landlord appeals the decision, claiming that: it is unfair to require the landlord to issue new notices of
rent increase when the petition was filed in January, 1997, but the Decision of Hearing Officer was not
issued until December, 1997; that the landlord did not unlawfully increase the tenants’ rents but, rather,
some of the tenants volitionally increased their own rents; and the hearing officer erred as to allowable
banked amounts available to the landlord. Two tenants also appeal the decision. Both tenants maintain
that their base rent amount is incorrect, as they increased their own rent; one tenant asserts her belief that
the roof work did not constitute a capital improvement; and one tenant raises several habitability problems
that she has experienced and is currently experiencing regarding her unit and the common areas of the
building.
MSC: To deny the landlord’s and tenants’ appeals except to remand the case for a new hearing on the
issue of the rent histories of the tenants in all four units. (Bierly/Becker: 4-0)
- 3720 Mission St. #1 S001-43R
The tenant’s petition alleging substantial decreases in housing services was dismissed due to her failure to
appear at the properly noticed hearing. On appeal, the tenant alleges that her mail is being tampered with,
and attaches the requisite Declaration of Non-Receipt of Notice of Hearing.
MSC: To accept the appeal and remand the case for a new hearing. (Becker/Bierly: 4-0)
- 1000 Howard St. #305 S001-44R
The tenant’s petition alleging substantial decreases in housing services was granted, in part, and the
landlord was found liable to the tenant in the amount of $20.00 per month due to cockroach infestation;
$10.00 per month due to a defective intercom/buzzer system; $30.00 per month due to a lack of heat in the
unit; and $20.00 per month due to an unsecured mailbox. On appeal, the tenant claims that the rent
reductions granted were not commensurate with the conditions for which they were granted; that the
landlord knew upon the tenant’s initial occupancy of the unit that the heat was not operational and,
therefore, the rent reduction should go back to that date; and that the noise problem from an adjoining unit
was proved and can be proven with additional evidence.
MSC: To accept the appeal and remand the case to the hearing officer on the record to re-examine the
period of time for which a rent reduction was granted due to lack of heat in the unit. (Becker/Justman: 4-0)
- 860 Arguello Blvd. S001-31A; S001-47 & -48R
The landlord’s petition for certification of capital improvement costs was granted, in part. The landlord
appeals the decision, alleging that the hearing officer erred in her application of the "6-Month Rule"
(Rules and Regulations Section 7.12{b}); and asserting that the costs of replacement windows in a unit not
subject to the petition should be allocated to all units because they constituted a structural improvement
and contributed to the weatherproofing of the building. The tenants in one unit appeal the decision
certifying capital improvement costs, claiming that they failed to receive the Notice of Hearing. Additionally,
they appeal the dismissal of their petition alleging substantially decreased housing services due to their
failure to appear at the hearing after their request for postponement was denied.
MSC: To accept the landlord’s appeal and remand the case to the hearing officer on the record for a
correction, if necessary, regarding the application of the "6-Month Rule"; to deny the appeal as to all
other issues. (Becker/Bierly: 3-1; Gruber dissenting)
MSC: To deny both tenant appeals. (Gruber/Justman: 4-0)
- 640 Clay St. #332 S001-46R
The tenant’s appeal was filed one day late because the tenant receives his mail at the office of a non-profit
service provider, which was closed during the holidays.
MSC: To find good cause for the late filing of the appeal. (Becker/Justman: 4-0)
The tenant’s petition alleging a substantial decrease in housing services was dismissed due to his failure to
appear at the properly noticed hearing. On appeal, the tenant claims that he failed to receive the Notice
of Hearing because he had no access to his mail, and attaches the requsite Declaration of Non-Receipt of
Notice of Hearing.
MSC: To accept the appeal and remand the case for a new hearing. (Becker/Gruber: 4-0)