November 12, 1997B>
MINUTES OF THE REGULAR MEETING OF
THE SAN FRANCISCO RESIDENTIAL RENT
STABILIZATION & ARBITRATION BOARD,
Wednesday, November 12, 1997 at 6:00 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level
- Call to Order
President Lightner called the meeting to order at 6:10
p.m.
- Roll Call
Commissioners Present: Becker; Gruber; Justman; Lightner; Marshall;
Moore; Mosser; Wasserman.
Commissioners not Present: Bierly.
Staff Present: Grubb; Wolf.
Commissioner Murphy appeared on the record at 6:30 p.m.
- Approval of the Minutes
MSC: To approve the Minutes of October 28, 1997.
(Becker/Gruber: 5-0)
- Remarks from the Public
- Tenant Jose Morales stated that he hoped the new neutral
Commissioner would listen to both sides and, if unsure, remand
cases back to the hearing officer.
- Robert Pender of the Tenants’ Network informed all in attendance
that Joan Williams of the Marina Cove Tenants’ Association passed
away two weeks ago.
- Tenant Monique Moro-Jang inquired as to when in the Agenda
it was appropriate to relate personal anecdotes pertaining to
material changes in the terms of a tenancy.
- In response to a request from a member of the public, Executive
Director Grubb introduced new voting neutral Commissioner Anthony
Justman.
- Old Business
Public Hearing:
Proposed New Rules and Regulations Sections 12.20 and 12.21
Pertaining to Unilateral Changes to the Terms of Rental Agreements
and Evictions Based on Breach of Such Materially Changed Terms
A Public Hearing regarding proposed changes to the Rules and
Regulations concerning evictions for breaches of covenants that
are unilaterally imposed by landlords commenced at 6:20 p.m. and
concluded at 7:45 p.m. Eighteen tenants or tenant representatives
and fourteen landlords or landlord representatives commented on
proposed changes to the Rules and Regulations as follows below:
- Tenant William Brady, President of the Alliance to Empower
the Latino Community, asked what is wrong with honoring a lease,
especially in a city of roommates.
- Tenant Jose Morales stated that he is afraid of losing his
home because of the issuance of a Rent Board decision granting
his Proposition I landlord a rent increase based on comparable
rents.
- Paul Diaz of the Fox Plaza Tenants’ Association testified
in support of the proposed new regulations.
- Ted Gullickson from the Tenants’ Union addressed the current
housing crisis, and stated his belief that there are more evictions
than ever due, in part, to unilateral changes by landlords in
the terms of existing tenancies. Mr. Gullickson supported the
proposed language as simple and uncomplicated, and expressed a
fear that it would be "watered down."
- Rob Huddleston of the Professional Property Managers’ Association
(PPMA) stated his belief that only a few unscrupulous landlords
were taking advantage of the situation; and that the ability to
make certain good and innocuous changes is essential for decent
property management.
- Eric Andresen, President of PPMA, stated that changes in
the conditions of tenancies can be beneficial to other tenants
in a building when a landlord is dealing with problem tenants;
and the language of the proposed regulation is overly broad.
- Landlord Robert Dewey complained that leases would have
to get so complex in order to cover all contingencies that no
tenant would be willing to sign.
- Monique Moro-Jang informed the Board that she is a 32-year
tenant who had previously always had permission to have pets,
but she is now faced with eviction due to having two caged birds
in her unit.
- Tenant Robin Jacklih explained that, after three years,
she is faced with a tremendous increase in the amount of her security
deposit; and she does not feel that any existing legislation clearly
gives her the right to say no.
- Janan New, Executive Director of the San Francisco Apartment
Association (SFAA), contended that the proposed Rules go too far
in restricting responsible landlords’ management of their property.
- Kate Gordon of the Housing Rights Committee told the Board
that they are getting up to ten calls each day regarding eviction
for breach of all types of covenants in rental agreements, and
that tenants who fight such attempts run the risk of ruining their
credit records.
- Rebecca Graf, a VISTA volunteer in the Tenderloin, stated
that tenants do not have the economic resources to go to court.
- Mark Stout of the Tenants’ Convention Coalition stated
that it is inequitable for one side to change the terms of a contract.
- Robert Pender of the Tenants’ Network expressed his belief
that the system is slanted in favor of landlords, and that tenants
are afraid to fight.
- Brook Turner from the Coalition for Better Housing said
that the proposals go too far in that revolving tenancies constitute
a real problem and that "pied a terres" contribute to
the lack of vacancies in the City.
- Tenants’ Attorney Scott Weaver said that the proposals
are just an extension of Ordinance Section 37.9(a)(5); are the
most cogent language in the Ordinance and Rules; and that people
on both sides have to live with their deals.
- Landlords’ Attorney Nancy Lenvin said that she believes
proposed Section 12.20 has some major legal problems, and that proposed
Section 12.21 is unnecessarily duplicative in that the Rent Board’s
eviction procedures work well.
- Jim Fabris, President of the Board of Realtors, stated
his opinion that the Tenant Commissioners were seeking to derogate
property rights, and asked that the proposals be tabled or referred
to the Board of Supervisors.
- Tim Carrico of TCO Property Management stated that abuses
need to be dealt with, but that managing roommate situations is
an ever-increasing problem.
- Landlord Sarosh Kumana said that there are more unscrupulous
and deceitful tenants than landlords.
- Brad Hume from the Housing Rights Committee (HRC) contended
that the current laws are a "hodgepodge", and that there
is nothing clear to tell people.
- Jean Chang from the HRC expressed her support for the proposals.
- Matt Brown, Executive Director of St. Peter’s Housing Committee,
stated "crises breed creativity" and contended that
the Rent Board doesn’t have the resources to adjudicate evictions.
- Landlord Jeffrey Leibovitz said that there are adequate
rules on the books already, and that the issue is one of enforcement.
- Proposition I landlord Nancy Tucker complained of having
very aggressive tenants and said that she couldn’t understand
"one word" of the proposals.
- Miguel Wooding of the Tenants’ Union expressed his view
that the proposals merely reflect existing law, but it would be
advantageous to have things spelled out clearly and in one location.
- Ira Dorter, a 15-year counselor at the Tenants’ Union,
said that he has seen a change in the types of problems that tenants
come in with and that the ability of landlords to effect unilateral
changes in terms eviscerates the intent and purpose of the rent
law.
- Jude Alls from the Tenants’ Union said that she has won
four out of five court battles.
- A tenant named Jim said that he pays $2,600 for a two-bedroom
apartment but the he has been refused permission to obtain a roommate.
- Landlord Al Goodwin stated that rents are indeed outrageous,
but that it is because of the laws of supply and demand; that
Proposition I is driving the crisis; and that "every time
you tighten the screws, landlords profit."
- Proposition I landlord Dawn Bellach told the Board that
she should have the right to live with whomever she chooses and
that the passage of Proposition I has led to hundreds of units
being taken off the rental market.
- Landlord Irving Zaretsky claimed that the majority of problems
are between tenants (lifestyle; smoking; exercise habits; etc.).
After discussion of the public’s comments and review of the draft
language, proposed new Rules and Regulations Section 12.20(a)
was passed with minor modifications, as follows below:
Section 12.20 Evictions under Section 37.9(a)(2)
(a) Unilaterally Imposed Obligations and Covenants
For purposes of an eviction under Section 37.9(a)(2) of the
Ordinance, a landlord shall not endeavor to recover possession
of a rental unit because of the tenant’s alleged violation of
an obligation or covenant of the tenancy, if such obligation or
covenant was unilaterally imposed by the landlord and not agreed
to by the tenant and either was not included, or is not materially
the same as an obligation or covenant in the rental agreement
mutually agreed to by the parties. The foregoing shall not apply
to: (1) changes in obligations or covenants that are not material;
(2) changes in material obligations or covenants required by law
or to protect the health, safety and quiet enjoyment of the occupants
of the building or adjoining properties; or (3) material changes
that have resulted in a substantial decrease in housing services
with respect to garage, storage space, or access to common areas
for which a commensurate rent reduction has been provided to the
landlord; and (4) rent increases or other changes in the terms
of a tenancy authorized under the Rent Ordinance and Rules and
Regulations.
MSC: To adopt proposed new Rules and Regulations Section 12.20(a),
as amended. (Becker/Marshall: 4-1; Gruber dissenting)
Discussion of proposed Rules Sections 12.20(b) and 12.21 was
continued to the meeting on November 25th; Commissioner Becker
will re-draft Section 12.21 to more closely mirror Ordinance Section
37.9(a)(5). Proposed Section 6.15 pertaining to changes in roommates
and "Master Tenant" issues will also be discussed on
that date.
- Communications
In addition to correspondence concerning cases on the calendar,
the Commissioners received a letter from Attorney Ivan Rothman
concerning an unlawful detainer case he is currently defending.
In a pre-trial ruling, Judge Quidachay of the Municipal Court
issued an order precluding evidence of comparable vacancies available
at any time other than during the 30-day notice period. In the
event that he should have to file an appeal, Mr. Rothman requests
that the Board consider filing an amicus brief. The Commissioners
agreed to place this issue on the November 25th Board meeting
calendar.
- Director’s Report
Executive Director Grubb informed the Commissioners that Citizens’
Complaint Officer Doris Charles has left the Rent Board to accept
a position with the Office of the Public Guardian/Administrator.
- Remarks from the Public (cont.)
D. Tenant Monique Moro-Jang thanked the Commissioners for their
hard work.
E. Miguel Wooding of the Tenants’ Union reiterated the sentiments
he expressed at the Public Hearing.
F. Attorney Nancy Lenvin stated her hope that the new Regulation
would be understandable to the public.
G. Paul Diaz of the Fox Plaza Tenants’ Association informed
the Board that two tenants in the building had committed suicide
recently.
- Calendar Items
November 18, 1997 - NO MEETING
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 "Master
Tenants"
December 2, 1997 - NO MEETING
- Adjournment
President Lightner adjourned the meeting at 9:30 p.m.