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March 18, 1997

March 18, 1997B>

 

 

 

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

Tuesday, March 18, 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; Moore; Murphy; Palma.

    Commissioners not Present: Marshall; Wasserman.

    Staff Present: Grubb; Wolf.

    Commissioner Mosser appeared on the record at 6:13 p.m.

  3. Approval of the Minutes

    MSC: To approve the Minutes of March 4 , 1997.
    (Palma/Becker: 5-0)

    MSC: To approve the Minutes of March 11, 1997.
    (Becker/Palma: 5-0)

  4. Remarks from the Public

    A tenant inquired as to why only five Commissioners vote, when there are more than five Commissioners on the Board. She also complained that her appeal was denied based on information submitted by the landlord but not provided to her.

  5. Consideration of Appeals

    1. 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)

    2. 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)

    3. 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)

    4. 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)

    5. 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)

    6. 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)

    7. 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)

  6. Communications

    In addition to correspondence concerning cases on the calendar, the Commissioners received the following communications:

    1. A request from the landlord for postponement of the Board hearing scheduled for April 1st regarding the property at 1077 - 1081 Ashbury/1038 & 1042 Clayton Streets (R001-80R thru -84R), which was granted.

    2. A Memorandum from City Attorney Louise Renne regarding the Commissioners’ Statements of Economic Interests.

    3. A letter to the landlord in the case at 2280 Pacific Ave. (Q003-50E) regarding failure to comply with the requirements of Ordinance Section 37.9(a)(11), which was modified slightly and signed by President Lightner.

  7. Director’s Report

    Executive Director Grubb reported as follows:

    1. The Commissioners’ Conflict of Interest forms are to be turned in to the Ethics Commission by April 1, 1997.

    2. New "Fax Facts" menus were distributed with new topic areas, including Rent Board Minutes, Agendas and Ordinance amendments.

    3. Deputy City Attorney Amy Ackerman is planning to provide the Commissioners with a confidential Memorandum regarding the issue of removal of units under Ordinance Section 37.9(a)(10) prior to the discussion of this topic at the April 1st Board meeting.

    4. Stephen Harper has begun working as the office’s new MIS (computer) person.

    5. Robert Collins has been hired to fill the temporary counselor position and will begin work on March 31, 1997.

  8. Calendar Items

    March 25, 1997 - NO MEETING

    April 1, 1997
    2 appeal considerations
    Old Business: Evictions Pursuant to Ordinance Section 37.9(a)(10)

  9. Adjournment

    President Lightner adjourned the meeting at 7:50 p.m.

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