June 10, 1997B>
MINUTES OF THE REGULAR MEETING OF
THE SAN FRANCISCO RESIDENTIAL RENT
STABILIZATION & ARBITRATION BOARD,
Tuesday, June 10, 1997 at 6:00 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level
- Call to Order
Vice-President Wasserman called the meeting to order at
6:06 p.m.
- Roll Call
Commissioners Present: Becker; Bierly; Gruber; Marshall; Mosser;
Palma; Wasserman.
Commissioners not Present: Moore.
Staff Present: Grubb; Wolf.
Commissioner Lightner appeared on the record at 6:11 p.m.;
Commissioner Murphy arrived at 6:19 p.m.
- Approval of the Minutes
MSC: To approve the Minutes of May 20, 1997.
(Palma/Becker: 4-0)
- Consideration of Appeals
- 3435 Mission St. R002-19R
The tenant’s petition alleging an unlawful increase in rent and
substantially decreased housing services was dismissed due to
her failure to appear at the properly noticed hearing. On appeal,
the tenant claims that she missed the hearing because she had
to be out of town on an emergency.
MSC: To accept the appeal and remand the case for a new hearing.
(Palma/Marshall: 4-0)
- 38 Dearborn St. R001-57A
Two tenant petitions alleging unlawful increases in rent were
granted and the landlords were found liable in the amounts of
$5,170.00 and $2,699.85. On appeal, the landlords maintain that
the decision is unfair because the excessive increases were imposed
by the prior owners of the property and the fact that petitions
had been filed was not disclosed prior to the closing of escrow
on the purchase of the building. Additionally, for one of the
units, the landlord points out that a refund was given for a 12-month
period when only 7 months were at issue.
MSC: To deny the appeal except to remand the case to the hearing
officer for the issuance of a Technical Correction. (Marshall/Becker:
5-0)
- 1450 Washington St. #7 R002-21R
The tenant’s petition alleging an unlawful increase in rent and
substantial decreases in housing services was dismissed due to
her failure to appear at the properly noticed hearing. On appeal,
the tenant states that her flight to San Francisco was delayed,
and her roommate had not received notice of the hearing because
she had not been listed on the petition.
MSC: To accept the appeal and remand the case for a new hearing.
The remand hearing shall be held in abeyance pending the issuance
of the Decision of Hearing Officer regarding the landlord’s petition
for a determination as to whether one of the subject tenants is
a new tenant for purposes of raising the rent pursuant to the
provisions of Rules and Regulations Section 6.14. (Marshall/Becker:
5-0)
- 2030 - 23rd St. R001-58A
The tenant’s petition alleging substantially decreased housing
services due to serious habitability problems in the unit was
granted, in part, and the landlord was found liable to the tenant
in the amount of $6,533.75. On appeal, the landlord claims that
he failed to attend the properly noticed hearing because he did
not receive notice, 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/Palma: 5-0)
- Old Business
- Proposed Procedural Changes
Senior Hearing Officer Sandra Gartzman followed up on her appearance
at the May 20, 1997 Board meeting concerning several proposals
advanced by staff in order to expedite the processing and adjudication
of petitions. Regarding proposed regulations allowing for the
dismissal of operating and maintenance and comparables petitions
which are defective and/or incomplete due to inadequate documentation
or some other problem, the Board voted as follows:
MSC: To put the proposed regulations pertaining to administrative
dismissal of certain landlord petitions out for Public Hearing
on July 1, 1997, with a change to make it clear that such dismissals,
as well as dismissals of capital improvement petitions pursuant
to Rules and Regulations Section 7.17, will be without prejudice
to re-filing. (Gruber/Lightner: 5-0)
Regarding the possibility of offering the public the option of
"Minute Orders" instead of full decisions, the Commissioners
expressed their support for a 6-month Pilot Program with monthly
reports to be brought back to the Board. Informational materials
will be developed and provided to the Commissioners at the July
1st meeting. There was no support expressed for the concept of
an independent appraiser that could be used by the Board for comparables
petitions.
- 2714 Webster St. (Q001-55A) (heard May 20, 1997)
The Board discussed this case, which was the subject of an appeal
hearing at the meeting on May 20th, in light of a Memorandum from
the Deputy Director outlining possible approaches to resolution.
The following motion was passed:
MSC: To find that the landlord is not liable to the tenant for
the amount of $3,025.20, which is the remainder after sums owing
from each party to the other are offset, due to laches and other
equitable considerations. (Gruber/Lightner: 3-2; Becker, Palma
dissenting)
- 1077 - 1081 Ashbury/1038 Clayton (R001-80R thru -84R)
(heard May 6, 1997)
The Board discussed this case, which concerned allowable increases
under the RAP Program, in light of a Post-Hearing Submission from
the tenants’ attorney. The Commissioners went through the file
and verified which of the invoices and receipts for rehabilitation
work on the building constituted "maintenance" and which
was more in the nature of capital improvement. Prior to their
discussion, the Commissioners passed the following motion:
MSC: To recuse Commissioner Murphy from consideration of this
matter. (Murphy/Lightner: 5-0)
As Commissioner Becker was not present at the subject appeal
hearing, he went off the record during the discussion.
- Communications
In addition to correspondence concerning cases on the calendar,
the Board received the following communications:
- A copy of the Notice of Entry of Judgment Denying Petition
for Writ of Mandamus in the case of Susoeff v. Rent Board
(Superior Court Case No. 984130).
- A letter from Deputy City Attorney Mark Barmore to Attorney
Clifford Fried regarding the case of Larsen v. Rent Board
(Superior Court No. 979-777).
- Two "Daily Journal" articles regarding several
recent court cases on the issue of regulatory "takings."
- A letter from Executive Director Joe Grubb to Al Goodwin
of Rent Board Petition Associates regarding on-going problems
with petitions filed by Mr. Goodwin.
- A report on useage of the City’s Web sites for the month
of May.
- Director’s Report
Executive Director Grubb reported as follows:
- It is now possible to download the Ordinance and Rules and
Regulations in their entirety through the Internet.
- The Chinese version of the Info-To-Go voicemail information
line is now on-line; the Spanish version will, hopefully, be available
next week.
- The Board has the use of the Mayor’s Box for a Giant’s doubleheader
on July 27th.
- Calendar Items
June 17, 1997
5 appeal considerations
Old Business:
- Proposed Procedural Changes: Minute Orders
June 24, 1997 - NO MEETING
- Adjournment
President Lightner adjourned the meeting at 8:25 p.m.