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January 07, 1997

January 07, 1997B>

 

 

 

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

Tuesday, January 7, 1997 at 5:30 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level

  1. Call to Order

    President Becker called the meeting to order at 5:40 p.m.

  2. Roll Call

    Commissioners Present: Becker; Bierly; Gruber; Palma; Wasserman.

    Commissioners not Present: Marshall.

    Staff Present: Grubb; Wolf.

    Commissioner Murphy appeared on the record at 5:43 p.m.; Commissioner Lightner at 5:45 p.m.; Commissioner Moore at 5:50 p.m.; and Commissioner Mosser arrived at 5:58 p.m.

  3. Approval of the Minutes

    MSC: To approve the Minutes of December 17, 1996.

    (Palma/Bierly: 4-0)

  4. Consideration of Appeals

    1. 1393 Goettingen St. R001-60R
      (cont. from 12/17/96)

      The landlord’s petition for certification of costs incurred in painting this single family dwelling was granted, resulting in a monthly passthrough in the amount of $20.00. The tenants appeal the decision on the grounds of financial hardship. This matter was continued from the meeting on December 17th in order for staff to contact the tenants and get clarification regarding the information provided, including obtaining a separate "Hardship Application" from the tenant’s wife.

      MSC: To deny the appeal. (Gruber/Lightner: 4-1; Bierly dissenting)

    2. 1818 Hyde St. R001-61R

      The landlord’s petition for certification of the costs of exterior painting and a new roof to the tenants in four units was granted, resulting in a monthly passthrough in the amount of $24.39. One tenant appeals the decision, asserting that: she was not given ample opportunity at the hearing to state her objections to the passthrough of roofing costs; roof leaks over a ten-year period had resulted in the loss of one-fourth of the usable space in her studio apartment; and, that if roof repairs had been effectuated in a timely fashion, the problem might have been solved.

      MSC: To deny the appeal. (Palma/Gruber: 5-0)

    3. 4220 Army St. (Cesar Chavez) R001-30A

      This case involves eleven tenant petitions alleging substantially decreased housing services and one petition alleging an unlawful increase in rent. The tenants’ complaints fell, generally, into three areas: repairs to individual units; management; and maintenance of the common areas. The hearing officer determined that the landlord was liable to seven tenants in the amount of $50.00 per month due to management’s unresponsiveness regarding repair complaints in their individual units; that the landlord was liable to all eleven tenants in the amount of $50.00 per month due to the lack of a competent resident manager on the premises; that the landlord was liable to all eleven tenants in the amount of $50.00 per month due to lack of maintenance of the common areas; and that the landlord was liable to the tenant in unit #101 in the amount of $1,669.03 due to a rent increase having been imposed prior to the one year anniversary date. On appeal, the landlord asserts that: the hearing officer erred in granting rent reductions prior to the inception dates of the instant tenancies; the issue of the fire escapes was not raised in the tenants’ petitions, and only three of the tenant petitioners have access to the fire escapes; only one tenant complained about problems with the decks and/or balconies; all tenants were given the same rent reductions regardless of their individual circumstances, which is in violation of Rent Board policy; granting rent reductions due to lack of effective resident management on the premises and lack of maintenance of the common areas is duplicative; and the landlord’s liability for rent overpayments to the tenant in unit #101 is excessive, considering that the notice was given just fifteen days shy of the one-year anniversary date.

      MSC: To recuse Commissioner Becker from consideration of this appeal. (Lightner/Palma: 5-0)

      MSC: To deny the appeal. (Palma/Bierly: 5-0)

    4. 1800 Pacific Ave. #501 R001-62R

      The tenant’s petition alleging substantial decreases in housing services was denied because the hearing officer found that the tenant failed to meet his burden of proof in that the landlord performed the promised work in less than one month and the conditions appeared to be primarily cosmetic. On appeal, the tenant maintains that the hearing officer demonstrated bias against him; and that the issue raised in his petition was not individual repairs but, rather, a total combined loss of housing services caused by inept repair work done by the landlord’s agents.

      MSC: To deny the appeal. (Gruber/Lightner: 5-0)

    5. 851 Post St. #4 R001-63R

      The tenants’ petition alleging substantially decreased housing services due to a clogged drain and leaking shower knobs was denied because the hearing officer found that the landlords acted within a reasonable period of time for a non-emergency repair and that the conditions were not sufficiently substantial to warrant rent reductions. Additionally, a claim of unlawful rent increase was denied because a clause that required an additional $25.00 for installing a washing machine in the unit was part of the lease that the tenants signed when they moved in. On appeal, the tenants assert that the clause in the lease should not apply to them, because the washing machine hooks up to the kitchen sink and is not permanently installed; and that it should not take almost two months and fifteen visits to effectuate repairs.

      MSC: To deny the appeal. (Lightner/Gruber: 4-1; Bierly dissenting)

    6. 701 Fell St. #12 R001-32A

      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 $1,230.00 due to windows with gaps that allow air into the unit and lack of a mailbox key. On appeal, the landlord alleges that the tenant failed to notify him of the problem regarding the windows until contacting the building inspector; and that the tenant had a key to the mailbox from the time he moved in.

      MSC: To deny the appeal. (Becker/Palma: 5-0)

    7. 505 - 26th Ave. #3 R001-33A

      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 $1,965.00 due to habitability defects on the premises. The tenants’ claim of unlawful rent increases was upheld due to capital improvement passthroughs having been improperly included in base rent, but no sums were determined to be owing from the landlord as the tenants had already made deductions from rent. The landlord, who failed to appear at the continued hearing on this case, appeals, alleging that: he failed to receive notice of the continued hearing and therefore was unable to present evidence on all of the issues raised; the conclusions regarding the correct base rent are confusing and may be in error; there is no requirement that the landlord provide a locking mailbox and the mailbox cannot be locked because the tenant lost the key; and the mouse infestation and window problems have been abated.

      MSC: To accept the appeal and remand the case for a new hearing. (Lightner/Gruber: 5-0)

    8. 426 Vernon St. R001-34A

      The tenant’s petition alleging decreased housing services was granted and the landlord was found liable to the tenant in the amount of $245.00 due to the landlord’s failure to replace a washing machine and dryer on the premises. The landlord, who failed to appear at the properly noticed hearing, alleges on appeal that: the tenant-petitioner is a sub-tenant of the original tenant, who understood that the appliances had been left when the landlord vacated the premises and were not part of the housing services provided with the tenancy; and that the dryer has been in working order except for two or three days, as demonstrated by a plumbing invoice in the amount of $4,649.95. A post-hearing submission from the landlord indicates that the landlord was on vacation and failed to receive notice of the hearing, which had been scheduled earlier than might have been reasonably expected.

      MSC: To accept the appeal and remand the case for a new hearing. (Lightner/Gruber: 5-0)

  5. Communications

    The Commissioners received correspondence from parties involved in cases on the calendar.

  6. Director’s Report

    Executive Director Grubb raised a concern brought to his attention by staff at the Planning Department. Under Ordinance Section 37.9(a)(10), a tenant may be evicted if a landlord has the necessary permits to physically demolish or otherwise permanently remove a unit from housing use. Staff’s interpretation of this Section has been that the unit cannot then be made into a family room, additional bedroom or any other residential space. However, this interpretation can have adverse consequences to tenants as well as landlords, lead to absurd results, and is in conflict with the requirements of other City departments. It was therefore the consensus of the Board that although Section 37.9(a)(10) requires the permanent removal of the residential unit, the space may then be used for any use permissible under applicable planning or building codes.

  7. Old Business

    The Board’s discussion of codification of their Artist Live/Work Policy was continued to the next meeting.

  8. Remarks from the Public

    1. Several tenants involved in the case at 4220 Army St. (Cesar Chavez) (R001-30A) asked questions concerning the Administrative Writ process and when they can begin offsetting rent reductions granted by the hearing officer.

    2. The tenant in the case at 505 - 26th Ave. #3 (R001-33A) voiced her frustration over what she perceives as the Board’s "bending over backwards" for the landlord in her case.

    3. The landlord in the case at 505 - 26th Ave. #3 (R001-33A) informed the Commissioners that he has "very strong evidence" that he will present at the remand hearing granted pursuant to his appeal.

    4. Robert Pender invited all of the Commissioners to the fourth birthday party for the Tenants’ Network on Friday, January 24, 1997 at 6:00 p.m. at the Unitarian Church at Franklin and Geary.

    5. The tenant in the case at 701 Fell St. #12 (R001-32A) asked, now that the landlord’s appeal had been denied, if he could appeal what he perceived as errors in the decision and was informed that it was too late.

    6. Landlord Glen Hildebrand simply wished the Commissioners a Happy New Year.

  9. Calendar Items

    January 14, 1997 - NO MEETING

    January 21, 1997 (6:00 p.m.)

    6 appeal considerations

    Old Business: Codification of Artist Live/Work Policy

    January 28, 1997 - NO MEETING

  10. Adjournment

    President Becker adjourned the meeting at 7:00 p.m.

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