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June 04, 2002

June 04, 2002

 

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

Tuesday, June 4, 2002 at 6:00 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level

    I. Call to Order

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

    II. Roll Call

                  Commissioners Present: Aung; Becker; Hobson; Lightner; Mosser; Wasserman.

                  Commissioners not Present: Gruber; Marshall; Murphy.

                  Staff Present: Grubb; Wolf.

                  Commissioner Justman appeared on the record at 6:26 p.m.

    III. Approval of the Minutes

          MSC: To approve the Minutes of May 21, 2002.

                  (Becker/Mosser: 5-0)

    IV. Remarks from the Public

      A. John Kennaugh, representing the tenant at 2117 Larkin (AL020114), said that the summary of the appeal on the Agenda did not reflect the issues raised in the appeal.

      B. Joseph Brajkovich, the landlord in the case at 161 Jordan Ave. (AL020119), said that the Commissioners had not looked at the relevant Housing Code Section; that the tenant never showed the landlord that the plaint and plaster were peeling; and that the tenant lied and "takes advantage of the Rent Board."

      C. Alan Miloslavich, the tenant at 161 Jordan Ave. (AT020118), said that the Department of Building Inspection is objective, and they had issued a citation. Mr. Miloslavich explained that he was asking for more on appeal because he was unable to reside in the unit during the ten day-period that he was painting it.

    V. Consideration of Appeals

    A. 2117 Larkin St. AL020114

    The tenant’s petition alleging unlawful increases in rent and decreased housing services was granted. The landlord was found liable to the tenant in the amount of $326.40 due to the tenant no longer having exclusive use of the premises, due to the landlord’s having moved non-rent paying family members of his own choosing into the unit. Additionally, the parties were instructed to calculate the amount of rent overpayments owing from the landlord to the tenant, since the actual dates of rent increases and amounts of rent paid by the tenant were not known to the Administrative Law Judge. The landlord appeals, claiming that: the 92-year old landlord was unable to identify the tenant when she tendered the rent check to him early this year; and the petitioner is an unauthorized tenant whose recent rent checks have been returned to her.

          MSC: To deny the appeal. (Becker/Aung: 3-2;

                  Lightner, Mosser dissenting)

    B. 817 Hayes St. AL020116

    The landlord’s petition for certification of the cost of a new roof was granted. The petition was consolidated with the tenant’s petition alleging unlawful rent increases on a garage space he rents on the premises, for which the landlord was found liable to the tenant in the amount of $3,114.90. On appeal, the landlord asserts that: the garage rental was a separate agreement entered into after the tenancy commenced and is not subject to the rent increase limitations of the Ordinance because it was not supplied in connection with the rental unit.

          MSC: To deny the appeal except to remand the case for a Technical Correction to change an incorrect citation in the Decision. (Becker/Aung: 5-0)

    C. 376 Ellis St. #405 AL020117

    The tenant’s petition alleging decreased housing services was granted and the landlord was found liable to the tenant in the amount of $1,200.00 due to the lack of clean hallways, a temporary period of no heat and intermittent elevator service. The landlord appeals, asserting that: he cannot be held liable for habitability defects during the period prior to his ownership of the building; two full-time resident managers are retained to clean the hallways, among other duties; and the elevators are repaired as needed, on an ongoing basis.

          MSC: To deny the appeal. (Becker/Aung: 3-2; Lightner, Mosser dissenting)

    D. 161 Jordan Ave. #3 AT020118 & AL020119

    The tenant’s petition alleging decreased housing services due to the need for interior painting of the unit was granted, and the landlord was found liable to the tenant in the amount of $625.00. On appeal, the landlord claims that: the Administrative Law Judge was influenced by prior decisions of which she took administrative notice in the decision; according to the applicable Housing Code section, if the walls and ceilings of the bedrooms are free of mildew, dampness and vermin, the landlord is not required to paint the unit; and it is not true that the tenant showed the landlord places where the paint was peeling in the unit. The tenant also appeals, claiming that he could not live in his apartment during the time that he was painting it, and asking to be additionally reimbursed in the amount of $414.32.

          MSC: To deny both the landlord’s and tenant’s appeals.

                  (Lightner/Becker: 5-0)

      E. 544 Clayton AT020120

    The tenants filed a petition alleging decreased housing services and requesting that the Rent Board determine whether the current rent is a lawful amount. The petition was dismissed when the tenants failed to appear at the properly noticed hearing. On appeal, the tenants explain that they received a letter from the Rent Board stating that their eviction case had been closed, and thought that this applied to their tenant petition as well.

          MSC: To accept the appeal and remand the case for a new hearing. (Becker/Aung: 5-0)

      F. 866 Jackson St., Apt. 206 AT020122

    The landlords’ petition to certify capital improvement costs was granted pursuant to a Minute Order. One tenant appeals on the grounds of financial hardship.

          MSC: To accept the appeal and remand the case for a hearing on the tenant’s claim of financial hardship; attention will be paid to financial assistance that may be available from family members. (Becker/Aung 5-0)

    VI. Communications

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

      A. A copy of a letter from the Executive Director to Robert Pender of the Parkmerced Residents’ Organization (PRO).

      B. A copy of legislation introduced by Supervisor Gonzales at the Board of Supervisors’ meeting on Monday, June 3rd. Deputy Director Wolf went over the proposed amendments to the Rent Ordinance with the Commissioners.

    IV. Remarks from the Public (cont.)

      D. Landlord Joseph Brajkovich of 161 Jordan repeated his charge that the Commissioners hadn’t looked at the documents he submitted with his appeal. Mr. Brajkovich believes that Housing Code Section 1301 "exonerates" him. Mr. Brajkovich said that the Administrative Law Judges "make mistakes all the time", but that he refuses to lie.

    VII. Director’s Report

    Executive Director Grubb informed the Board that Supervisor Peskin’s proposed amendment regarding interest on security deposits would be heard in Committee on Thursday, June 6th.

    X. Calendar Items

      June 11, 2002 - NO MEETING

      June 18, 2002

      6 appeal considerations (1 rescheduled from 6/4/02)

    XI. Adjournment

    President Wasserman adjourned the meeting at 7:26 p.m.


 

 

Last updated: 10/9/2009 11:26:15 AM