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December 05, 1995

December 05, 1995B>

 

 

 

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


Tuesday, December 5, 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 5:35 p.m.

II. Roll Call

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

Commissioner Gruber appeared on the record at 5:45 p.m.; Commissioner Marshall appeared at 5:47 p.m.; and Commissioner Lightner arrived at 5:53 p.m. President L. Becker left the meeting at 8:10 p.m.

III. Consideration of Appeals

A. 2467 - 31st Ave. Q001-25A

The tenants live in a garage unit and pay $350.00 in monthly rent to another tenant, who lives in a house which is attached to the garage. The tenant who resides in the house keeps $200.00 of the tenants’ rent payment for "utilities", and forwards $150.00 to the owner of the premises. On their petition, the tenants named only the tenant who resides in the house as "landlord". The hearing officer found that both the owner of the property and the tenant who resides in the house meet the definition of "landlord" in the Ordinance. However, since only the owner was named as landlord respondent in the petition, only the $150.00 portion of the rent which he demanded and received was held to be subject to any rent reductions granted. Therefore, the owner of the premises was found liable to the tenants in the amount of $3,072.50 due to serious habitability defects in the illegal unit, which would not act as a bar from the tenants’ pursuing any available remedies against the tenant who resides in the house. On appeal, the owner of the property maintains that the facts do not support the hearing officer’s conclusion that the owner of the property is a landlord for purposes of the instant petition.

MSC: To deny the appeal. (Steane/Hayden: 3-1; Nash dissenting)

B. 2656 Van Ness Ave. Q001-26A

The tenant’s petition alleging substantial decreases in housing services was granted, in part, and the landlord was found liable to the tenant in the amount of $425.00. On appeal, the landlord maintains that he failed to attend the hearing because he did not receive notice, and attaches the requisite Declaration of Non-Receipt of Notice of Hearing.

MSC: To accept the landlord’s appeal and remand the case to the hearing officer for a new hearing. The landlord is instructed to bring the original envelopes, attached as exhibits to his appeal, to the remand hearing. (Hayden/Gruber: 5-0)

IV. Executive Session

The Board went into Executive Session with Deputy City Attorney Mariam Morely pursuant to Government Code Section 54956.9(a) from 6:00 p.m. to 7:20 p.m. to discuss the cases of Hislop and Collier v. S.F. Rent Board (Superior Court Case No. 961-976) and Hudson and Boesch v. S.F. Rent Board (Superior Court Case Nos. 965026 and 965461).

V. Old Business

The Board discussed issues involved in the implementation of the Costa-Hawkins Bill (AB 1164). Since many of the provisions of this legislation will not go into effect until January 1, 1999, the Board’s discussion focused on the categories of units that will be exempted from controls on rent after January 1, 1999; and the necessity of conforming Rules and Regulations Section 6.14 to the requirements of this new State law. Commissioner Marshall articulated her desire to keep as many of the notice provisions contained in Section 6.14 in place as possible. Commissioner Lightner volunteered to draft an amended Section 6.14 for purposes of discussion.

VI. New Business

Commissioner Steane announced that she will be resigning her position on the Board as of January 1, 1996.

VII. Calendar Items

December 12, 19 and 26, 1995 - NO MEETINGS (Happy Holidays!)

January 2, 1996
8 appeal considerations
Old Business:
A. 99 Jersey St.
B. Costa-Hawkins Bill: AB 1164

VIII. Adjournment

Vice-President Lightner adjourned the meeting at 8:15 p.m.

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