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November 28, 1995

November 28, 1995B>

 

 

 

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


Tuesday, November 28, 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; Hayden; Lightner; Nash; Wasserman.
Commissioners not Present: B. Becker; How; Steane.
Staff Present: Grubb; Wolf.

Commissioner Marshall appeared on the record at 5:43 p.m.

III. Approval of the Minutes

MSC: To approve the Minutes of November 14, 1995.
(Hayden/Gruber: 4-0)

IV. Consideration of Appeals

A. 2195 Beach St. Q001-23A

The landlord’s petition for rent increases based on increased operating expenses was denied due to significant problems with the landlord’s petition and supporting documentation. On appeal, the landlord submits a completely revised and reorganized petition, along with the required evidence.

MSC: To accept the appeal and remand the case to the hearing officer on the record to consider whether the revised petition meets the standard of proof required for rent increases based on increased operating expenses.
(Marshall/Gruber: 5-0)

B. 323 Capp St. Q001-24A

The tenant’s petition alleging decreased housing services was granted, in part, and the landlord was found liable to the tenant in the amount of $1,057.50 due to various habitability defects on the premises. On appeal, the landlords assert that had the tenants been cooperative in allowing access for repairs to be made, the conditions would have been rectified four months earlier and the rent reductions should be reduced commensurately.

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

V. Old Business

Deputy City Attorney Mariam Morely informed the Board that in the case of Hislop and Collier v. S.F. Rent Board (Superior Court Case No. 961-976), the judge granted the issuance of a peremptory Writ prohibiting the passthrough of "Special Real Estate Taxes" without consideration of the landlord’s other operating and maintenance expenses on the building. In the case of Hudson and Boesch v. S.F. Rent Board (Superior Court Cases Nos. 965026 and 965461), Orders granting the landlords’ Petition for Writ of Mandate and denying the tenants’ Cross-Petitions were issued on November 16, 1995. All of the above-cited cases will be discussed with Ms. Morely at the next meeting in Executive Session.

The Board’s scheduled discussion of the Costa-Hawkins Bill (AB 1164) was continued to the next meeting because the Commissioners did not receive a confidential memorandum from the Office of the City Attorney until just before this evening’s meeting.

VI. Communications

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

A. The November 1995 issue of San Francisco Apartment.

B. The office workload statistics for the month of October, 1995.

VII. Director’s Report

Executive Director Grubb invited the Commissioners to the office holiday party, which will be held on December 19th at approximately 2:30 p.m.

VIII. Calendar Items

December 5, 1995
2 appeal considerations
Executive Session: Litigation
Old Business: Costa-Hawkins Bill: AB 1164

December 12, 19 and 26, 1995 - NO MEETINGS

IX. Adjournment

President L. Becker adjourned the meeting at 6:45 p.m.

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