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October 17, 1995

October 17, 1995B>

 

 

 

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

Tuesday, October 17, 1995 at 5:30 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level


I. Call to Order

President L. Becker called the meeting to order at 5:40 p.m.

II. Roll Call

Commissioners Present: L. Becker; Gruber; How; Marshall; Nash; Wasserman.
Commissioners not Present: B. Becker; Hayden; Steane.
Staff Present: Grubb; Wolf.

Commissioner Lightner appeared on the record at 6:00 p.m. Commissioner L. Becker went off the record from 6:00 to 6:30 p.m.

III. Approval of the Minutes

MSC: To approve the Minutes of October 3, 1995.
(Marshall/Gruber: 3-0)

IV. Consideration of Appeals

A. 1635 Gough St. Q001-07A
(cont. from 10/3/95)

The landlords’ petition for certification of capital improvement costs was granted, in part, by the hearing officer. Because of the 10% annual "cap" on increases due to capital improvement costs, the amount of $11.04 will be carried forward for one tenant; this tenant’s appeal on the grounds of financial hardship was accepted by the Commissioners at the October 3rd meeting and remanded for a hearing before a hearing officer on this issue. The landlords’ appeal was continued from the October 3rd meeting due to their not having received the Notice of Appeal Consideration. The landlords cite the case of Kavanau v. Santa Monica Rent Control Board and assert on appeal that the hearing officer should have granted an interest rate equal to or greater than that which the landlords are paying to finance the work, and the 10% annual "cap" on capital improvement passthroughs should be waived in this case, because the landlords are receiving no return on the property.

MSC: To excuse Commissioner Lightner from consideration of this appeal. (Gruber/Marshall: 5-0)

This matter was discussed by the Commissioners and then continued to later on the agenda because President L. Becker had to leave the meeting for a short period of time.

B. 410 Eddy St. #308 Q001-17R

The tenant’s petition alleging substantial decreases in housing services was denied. The hearing officer found that the tenant had not met his burden of proof. In his petition and at the hearing, the tenant complained of unauthorized entry into his hotel room and the existence of high intensity ultrasonic sounds, gas, excessive heat, micro shocks, unpleasant images and a hidden microphone or speaker in his unit. The tenant believes that another tenant or tenants are causing these occurrences. On appeal, the tenant maintains that the hearing officer’s finding that these alleged conditions are not within the landlord’s control is in error, because the landlord is responsible for providing a habitable unit.

MSC: To deny the appeal. (Gruber/Marshall: 4-0)

C. 738 Haight St. Q001-10A

The landlord’s petition for a rent increase based on comparables for a Newly Covered Unit under Proposition I was denied because the hearing officer found that the landlord had failed to prove that the initial rent was set very low due to extraordinary circumstances. While it is true that the tenant was the grand-son of the prior owner of the property, and a special relationship between the parties did exist, the hearing officer found that it was not proved that the initial rent had been set low due to the special relationship between the parties. On appeal, the landlord alleges that the hearing officer abused her discretion and exhibited bias against him by finding only the tenant’s evidence and testimony to be credible.

MSC: To accept the landlord’s appeal and remand the case to a new hearing officer on the issue of the proposed rent increase based on comparables and to obtain assurance that the landlord has the authority to act on behalf of the estate as the Special Administrator. (Lightner/Gruber: 3-1; Marshall dissenting)

D. 941 Capp St. Q001-11A

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 $1,740.00 due to the loss of storage and garage spaces. On appeal, the landlord asserts that the value of services heretofore but no longer provided by the tenant should be offset against the amount of the rent reductions granted to the tenant.

MSC: To accept the appeal and remand the case to the hearing officer on the record for clarification of the issue of valuation of services previously provided by the tenant. (Lightner/Gruber: 5-0)

E. 2051 Scott St. #401 Q001-12A

The landlord’s petition for extension of time to complete capital improvement work was denied because the hearing officer found that the landlord had not filed the petition in a timely manner because the landlord should have known that the work was going to take longer than the three-month period authorized under the Ordinance; and that the landlord’s reasons for the work having taken longer were not valid. On appeal, the landlord asserts that the petition became moot because the tenant was offered re-occupancy of the unit one week prior to the date requested in the petition; that the landlord relied on the representations of her contractor that the work would be completed within the allowable time period; and that the tenant had contributed to the delay in commencement of the project.

MSC: To deny the appeal. (Marshall/Wasserman: 3-2; Gruber, Lightner dissenting)

A. 1635 Gough St. Q001-07A (cont.)

MSC: To excuse Commissioner Lightner from consideration of this case. (Gruber/Marshall: 5-0)

The Commissioners continued their discussion of this matter and passed the following motion:

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

V. Communications

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

A. A Memorandum from the Mayor’s Office regarding the status of city employees during a declared emergency.

B. The insert regarding payment of the Rental Unit Fee that is now going out with property tax bills.

C. The menu of topics for "Information To Go", the Rent Board’s 24-hour information and counseling line.

VI. Director’s Report

Executive Director Grubb informed the Commissioners that the Rent Board will have an address on the Internet in late-November or December. Copies of the Ordinance and Rules, Fact Sheets and other information will be available to the public through the Net. Mr. Grubb also informed the Commissioners that, in accordance with legislation passed by the Board of Supervisors, the Mayor’s Office has urged the Board to pass Rules prohibiting the pass-through of assessments related to Business Improvement Districts to low-income tenants. As Rules Section 6.10(b), pertaining to Special Real Estate Taxes, specifically excepts the passthrough "of any charge approved by a majority of affected property owners", it was the consensus of the Board that this request requires no further action.

VII. Old Business

Deputy City Attorney Mariam Morely will begin a discussion of the provisions of the Costa-Hawkins Bill (AB 1164) at next week’s meeting.

VIII. Calendar Items

October 24, 1995
` 5 appeal considerations
Executive Session: Litigation
Old Business: Costa-Hawkins Bill (AB 1164)

October 31 & November 7, 1995 - NO MEETINGS

IX. Adjournment

President L. Becker adjourned the meeting at 7:30 p.m.

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