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October 28, 1997

October 28, 1997
MINUTES OF THE REGULAR MEETING OF
THE SAN FRANCISCO RESIDENTIAL RENT
STABILIZATION & ARBITRATION BOARD,

Tuesday, October 28, 1997 at 6:00 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level

  1. Call to Order

    Vice-President Wasserman called the meeting to order at 6:09 p.m.

  2. Roll Call

    Commissioners Present: Becker; Gruber; Marshall; Moore; Mosser; Wasserman.

    Commissioners not Present: Bierly.

    Staff Present: Grubb; Wolf.

    Commissioner Lightner appeared on the record at 6:11 p.m.; Commissioner Murphy arrived at 6:24 p.m.

  3. Approval of the Minutes

    MSC: To approve the Minutes of October 7, 1997.
    (Gruber/Becker: 5-0)

  4. Remarks from the Public

    The following members of the public addressed the Board:

    1. Attorney Nancy Lenvin informed the Commissioners that she had been involved in the drafting of Commissioner Lightner’s proposed new Rules Section 6.15 as a private individual, and was available to answer any questions that they might have.

    2. Tenant Monique Moro-Jang informed the Board that she had resided in her unit for 32 years, and had always had pets. She was recently served with a 30-day notice pursuant to Civil Code Section 827 changing several of the terms of her tenancy, including the right to have pets. For breach of this new covenant, she is expecting to receive an eviction notice next week. The pets in question are 2 birds.

    3. The landlord in the case at 2731 Folsom Street (S001-21A) expressed his frustration, claiming that his tenants have "trashed the place", while he feels he has been more than fair and has not raised the rent for 9 years.

    4. The landlord in the case involving 450 - 14th Street (S001-19A) complained that this one tenant was causing him "nothing but problems" and stated that she needed to take more responsibility for the condition of the premises.

    5. Tenant Greg Stephens requested that the Board address proposed Rules and Regulations pertaining to material changes in the terms of a tenancy immediately, rather than under the "Old Business" portion of the Agenda, because he had to leave the meeting.

  5. Consideration of Appeals

    1. 242 Turk St. #438 S001-35R

      The tenant’s petition alleging an unlawful increase in rent was denied. The tenant resides in a residential program for substance abusers run by the Salvation Army, the primary purpose of which is to supply inexpensive transitional housing to participants for a limited period of time while they search for employment and practice daily living skills in an atmosphere which reinforces non-abusive behavior in a structured setting. At the inception of the tenancy, the tenant signed an agreement stating that the base rent amount of $400.00 would be discounted for a one year period. after which time the $150.00 per month subsidy would be discontinued and the tenant would be responsible for the full rent. On appeal, the tenant claims that a medical condition impaired his judgment at the time he signed the original agreement.

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

    2. 450 - 14th St. #A S001-19A

      The tenant’s petition alleging substantial decreases in housing services was granted and the landlord was found liable to the tenant in the amount of $4,765.00 due to habitability problems in the subject premises. Additionally, the landlord was ordered to repay rent overpayments in the amount of $525.00. On appeal of the original decision, the case was remanded to the hearing officer to determine the dates that certain of the conditions were abated, if any. The hearing officer issued a Decision on Remand on the record, in which the landlord was found liable in the amount of $625.00 due to rent overpayments and $3,802.51 due to decreased housing services; certain of the conditions were found to have been abated by the landlord and continuing rent reductions were not found to be warranted. The landlord appeals the remand decision, claiming that issues raised in the remand decision went beyond the scope of the appeal; that the hearing officer exhibited bias against the landlord; that certain additional conditions had been remedied, for which invoices are provided; and that the tenant is using the appeal process as a means to avoid paying rent.

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

    3. 2731 Folsom St. S001-21A

      The tenants’ petition was granted, in part, and the landlord was found liable to the tenants in the amount of $2,194.75 due to habitability problems in the subject unit. On appeal, the landlord asserts that: in return for the rent not having been increased for nine years, the tenants had agreed to be cooperative about not requesting repairs; the deterioration of the shower is due to the tenants’ lack of cleanliness and the fact that some tiles are missing is de minimus; the kitchen floor is not buckled but, as in the case of the shower, only a few tiles are missing; the inspector was incorrect in his assessment that there was water damage to the walls and ceiling of the bathrooms; there is no smell of gas associated with the stove; the broken window in the laundry room is covered by a refrigerator; and one of the windows at issue was broken by the tenants.

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

    4. 3239-3241 - 17th St. S001-20A

      The landlord’s appeal was filed one day late. The landlord in this case is a bank, and the Decision was sent to an office other than the one where counsel for the landlord works.

      MSC: To find good cause for the late filing of the appeal. (Gruber/Lightner: 5-0)

      Three tenant petitions alleging substantially decreased housing services were granted, and the landlord was found liable in the amounts of $6,775.00, $7,012.50 and $9,232.50 due to serious habitability problems on the premises. On appeal, the landlord maintains that: notice of the mediation session was untimely and improperly served; this property and the right to collect rents was the subject of a contemporaneous Superior Court action; and the Decision of Hearing Officer is inconsistent with a prior decision by the same hearing officer concerning another unit in the same building.

      MSC: To deny the appeal. (Wasserman/Marshall: 5-0)

  6. Communications

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

    1. A letter to the landlord in the eviction case concerning the property at 72 Caselli Ave. (R006-32E), which was approved by the Board and signed by President Lightner.

    2. A letter from tenant Donald Osborne in support of proposed additions to the Rules and Regulations pertaining to material changes in the terms of a tenancy and changes in roommates.

    3. The Mediation statistics for the month of August, 1997.

    4. The monthly office workload statistics for September, 1997.

  7. Director’s Report

    Executive Director Grubb reported as follows:

    1. The Mayor has appointed Attorney Anthony Justman as the new voting neutral Commissioner. Mr. Justman will be sworn in on Thursday, October 30th, at 4:30 p.m. in the Mayor’s Office.

    2. At a luncheon held today, Senior Hearing Officer Sandra Gartzman was presented with a "Public Managerial Excellence Award" by the Mayor’s Fiscal Advisory Committee, in recognition of the success of the Mediation Program designed and implemented by she and her staff. Executive Director Grubb, Deputy Director Wolf, President Lightner and Hearing Officers Dave Wharton, Lela Harris and Debbie Lim were in attendance.

  8. Old Business

    The Commissioners continued their discussion of new Rules and Regulations Sections 12.20 and 12.21, specifying that a landlord may not evict a tenant for violation of a term of the tenancy which was unilaterally imposed by the landlord or not materially the same as the terms originally agreed to by the parties. Commissioner Becker had added language to his original draft to make clear that the changes in terms must have been material, and not instituted as reasonable health and safety measures; the landlord Commissioners voiced their concern that changes be allowed in order to address quiet enjoyment and nuisance issues. The Board then voted as follows:

    MSC: To put out proposed new Rules and Regulations Sections 12.20 and 12.21 for Public Hearing on November 12, 1997 at 6:00 p.m. (Becker/Marshall: 3-2; Gruber, Lightner dissenting)

    The Commissioners then discussed a proposed new Rules Section 6.15, authored by President Lightner. The proposal addresses the conditions under which a landlord may withhold consent to subletting in a unit , and the affirmative obligations of tenants who wish to sublet in obtaining the landlord’s consent; and disclosure requirements for Master Tenants who wish to be able to evict without "just cause" pursuant to Ordinance Section 37.9(b). Commissioners Marshall and Wasserman volunteered to work on re-drafting the proposal, and agreed to solicit additional input from President Lightner.

  9. Remarks from the Public (cont.)

    E. Landlord Darlene Harper informed the Board that she had a tenant in her building who was abusing the laundry facilities, and expressed concerns that the proposed Rules changes pertaining to material changes in the terms of a tenancy could prevent her from taking the appropriate action.


    F. A tenant asked whether the Commissioners were in favor of roommates not being evicted from their units.


  10. Calendar Items

    November 4 & 11, 1997 - NO MEETINGS

    November 12, 1997 - 6:00 p.m.
    Public Hearing:
    Proposed Additions to the Rules and Regulations Pertaining to Material Changes in the Terms of a Tenancy

    November 25, 1997 - 5:30 p.m.
    6 appeal considerations
    Old Business:

      Continued Discussion of Proposed Additions to the Rules and Regulations Pertaining to Changes in Roommates and "MasterTenants"

  11. Adjournment

    President Lightner adjourned the meeting at 8:50 p.m.

Last updated: 12/24/2013 2:10:11 PM