- 1647 McAllister St. #2 R002-01R
The landlords’ petition for certification of capital improvement
costs to the tenants in four units was granted. One tenant appeals
the decision on the basis of financial hardship.
MSC: To accept the appeal and remand the case for a hearing
on the tenant’s claim of financial hardship. Additionally, to
send the landlords a copy of the Landlord Hardship Application
and inform them that they can raise hardship considerations as
well; if both parties prove financial hardship, the hearing officer
will balance the equities. (Palma/Becker: 5-0)
- 1100 Leavenworth St. #4 R002-02R
The landlord’s petition for certification of capital improvement
costs to the tenants in four units was granted. One tenant appeals
the decision on the grounds of financial hardship.
MSC: To deny the appeal. (Gruber/Palma: 5-0)
- 85 Henry St. R001-47A
The landlords’ petition for certification of capital improvement
costs was granted, in part. Costs associated with the removal
of a tree, replanting of a small tree and sidewalk removal and
restoration undergone to ascertain whether underground storage
tank removal was necessary were not certified as not being in
the nature of capital improvement. On appeal, the landlord asserts
that the hearing officer erred in disallowing these costs, and
that no explanation was provided.
MSF: To deny the appeal. (Bierly/Becker: 2-3; Gruber, Lightner,
Palma dissenting)
MSC: To accept the appeal and remand the case to the hearing
officer on the record to certify the cost of the replacement tree
only. (Palma/Becker: 4-1; Gruber dissenting)
- 1021 Castro St. R001-48A
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 $210.00 due to leaks in a service
porch area. Additionally, the hearing officer determined that
the tenants would be entitled to a monthly rent reduction in the
amount of $75.00 should storage space on the premises be withdrawn
from use. On appeal, the landlord maintains that, once he received
notice that the porch wall area was separating, the repair was
effectuated within two months; the separation was small and in
an area not required to be waterproof; the tenant did not lose
the use of the area; safety considerations led to the withdrawal
of use of the storage space; and the amount granted is disproportionate
to the actual value of the space.
MSC: To accept the appeal and remand the case on the issue of
whether the porch repairs were effectuated within a reasonable
period of time. (Palma/Becker: 4-1; Gruber dissenting)
- 102 - 6th St. #9 R002-03R
The tenant’s appeal was filed fifteen days late. The tenant
claims that he was evicted from the residential hotel unit and
didn’t receive a copy of the decision even though he informed
the Rent Board as to his new address.
MSC: To find good cause for the late filing of the appeal.
(Palma/Becker: 5-0)
The tenant’s petition alleging substantial decreases in housing
services was granted in part and denied in part and the landlord
was found liable to the tenant in the amount of $200.00 due to
unsanitary bathroom conditions and lack of effective pest control.
On appeal, the tenant appears to be disputing the hearing officer’s
determination that the following conditions did not rise to the
level of substantial decreases in housing services: the heater;
electrical problems; light over the sink; health problems; and
a leaking sink.
MSC: To deny the appeal. (Becker/Gruber: 5-0)
- 2890 California St. #502, 305 & 205 R002-04R thru 06R
The tenants’ appeals were filed one and one-half months late
because it was their belief that hardship appeals were being filed
on their behalf by an attorney with Legal Assistance to the Elderly.
MSC: To find good cause for the late filing of the appeals.
(Becker/Bierly: 4-1; Gruber dissenting)
The landlords’ petition for certification of capital improvement
costs to the tenants in twenty-four units was granted, in part.
The tenants in twelve units appealed the decision on various
grounds; the appeals were accepted and remanded to the hearing
officer on the record to change the amortization of one item only.
Three of the tenants now file further appeals to the decision
on the grounds of financial hardship.
MSC: To accept the appeals of tenants Carlo and Evelyn Albert
in unit #205 and remand the case for a hearing on the tenants’
claim of financial hardship. (Bierly/Becker: 5-0)
MSC: To deny the appeal of tenant Williams in unit #305. (Palma/Gruber:
4-1; Becker dissenting)
MSC: Based on the statement provided by the landlords in response
to the tenants’ appeals, to accept the appeal of tenant Tait in
unit #502 and remand the case for a hearing on the tenant’s claim
of financial hardship. (Becker/Palma: 5-0)
- 179 Julian Ave. #10 R001-49A
The tenant’s petition alleging substantially decreased housing
services was granted, in part, and the landlord was found liable
to the tenant in the amount of $1,587.50 due to habitability defects
in this residential hotel room. Additionally, the landlord was
found liable to the tenant in the amount of $11.70 due to overpayments
in rent. On appeal, the landlord asserts that: the tenant failed
to notify him regarding the lack of heat in the unit; the tenant
was uncooperative in refusing access so that repairs could be
effectuated; an inspection disclosed the fact that the tenant
had the radiator in his room turned to the "Off" position;
and the tenant was never without heat because he had the use of
an electric heater.
MSC: To deny the appeal. (Palma/Becker: 5-0)