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March 11, 1997

March 11, 1997B>

 

 

 

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

Tuesday, March 11, 1997 at 6:00 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level

  1. Call to Order

    President Lightner called the meeting to order at 6:10 p.m.

  2. Roll Call

    Commissioners Present: Becker; Bierly; Gruber; Lightner; Marshall; Mosser; Murphy; Palma; Wasserman.

    Commissioners not Present: Moore.

    Staff Present: Grubb; Wolf.

    Commissioner Gruber appeared on the record at 6:15 p.m.

  3. Public Hearing

    Codification of Artist Live/Work Policy

    The Board commenced a Public Hearing at 6:12 p.m. Three representatives of the landlord community spoke: Jim Fabris from the S.F. Association of Realtors; Janan New of the S.F. Apartment Association; and Ken Cleaveland from the Building Owners and Managers Association (BOMA). These individuals directed the Board’s attention to letters drafted by Attorneys Nancy Lenvin and Clifford Fried, raising the following concerns, among others: that it is an abuse of the Board’s power to redefine "rental units", in that zoning is the purview of the Planning Department; that the proposal muddies the distinction between commercial and residential units, and rent control as applied to commercial property is preempted by State law; that by inserting the phrase "regardless of zoning or legal status", the Board is legitimizing the illegal use of property, rather than discouraging such use; that the proposed amendment will lead to unintended consequences, in that it will lead to an increase in enforcement actions and resulting evictions; that new conditions for exemption from the Ordinance should be imposed by the Board of Supervisors; and that what appears to be reasonable language will, over time, be interpreted unreasonably, thereby having a chilling effect on owners with charitable impulses.

    One tenant representative, Gloria Lopez, Director of St. Peter’s Housing Committee, stated her belief that increased enforcement of housing codes is for the good, because illegal units are a reality in the City, especially in her community. President Lightner closed the Public Hearing at 6:20. At that time the Commissioners debated the issues raised and the language of the proposed amendment, including whether the words infrequent and incidental in subsection (h) should be separated by "and" or "and/or". After discussion, the following motion was made and carried:

    MSC: To adopt the proposed amendments to Section 1.17 of the Rules and Regulations in order to codify the Board’s Artist Live/Work Policy, with minor amendments, as follow below:

    Section 1.17 Rental Units

    "Rental Unit" means a residential dwelling unit, regardless of zoning or legal status, in the City and County of San Francisco and all housing services, privileges, furnishings (including parking facilities supplied in connection with the use or occupancy of such unit), which is made available by agreement for residential occupancy by a tenant in consideration of the payment of rent. The term does not include:

    (g) live/work units in a building where all of the following conditions have been met: (1) a lawful conversion to commercial/dwelling use occupancy has occurred; (2) a Certificate of Occupancy has been issued by the San Francisco Department of Public Works after June 13, 1979; and (3) there has been no residential tenancy in the building of any kind between June 13, 1979 and the date of issuance of the Certificate of Occupancy.

    (h) commercial space where there is incidental and infrequent residential use.

    (Becker/Marshall: 3-2; Gruber, Lightner dissenting)

  4. Communications

    In addition to correspondence regarding issues pertaining to codification of the Artist Live/Work Policy, the Commissioners received a letter from Supervisor Barbara Kaufman congratulating Executive Director Grubb on the implementation of the new "Fax Facts" service.

  5. Remarks from the Public

    Landlord Glen Hildebrand expressed his displeasure at the fact that several of the landlord Commissioners had expressed a desire to consult with the Office of the City Attorney regarding the legality of the Board’s Artist Live/Work Policy, which advice was not heeded by the majority; and reiterated his contention that Commissioner Palma should recuse herself from consideration of substantive matters. Commissioner Palma responded that she represents the Latino community, many of whose members reside in illegal units.

  6. Adjournment

    President Lightner adjourned the meeting at 7:30 p.m.

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