August 05, 2003

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

Tuesday, August 5, 2003 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 6:10 p.m.

II. Roll Call

Commissioners Present: Becker; Gruber; Lightner; Marshall; Mosbrucker; Mosser; Wasserman.

Commissioners not Present: Murphy.

Staff Present: Grubb; Wolf.

Commissioner Justman appeared on the record at 6:23 p.m.

III. Approval of the Minutes

MSC: To approve the Minutes of July 15, 2003.

IV. Remarks from the Public

A. Tenant Janice Arnold of 333 Webster St. (AT030145) told the Board that a letter from a prior tenant submitted by the landlord is filled with lies, and is irrelevant. Ms. Arnold wants the letter removed or to be given an opportunity to respond.

B. Andrea Young, the tenant at 1541 California St. (AT030140), said that she keeps old newspapers in her apartment, but this is not indicative of her not living there; she has a post office box, so she doesn't receive mail at the unit; she was away due to her mother's illness; and she never changed the address on her checks since attending college.

C. Andrew Zacks, representing the landlord at 2820 Scott St. #21 (AL030130), said that his client is prepared to accept a $70 per month rent reduction. Mr. Zacks requested that it be made clear that $70 is the proper amount, and not just the amount requested in the petition.

V. Consideration of Appeals

A. 2820 Scott St. #21 AL030130

The tenant's petition alleging decreased housing services and asking for a determination as to the legality of the base rent was granted, in part. The Administrative Law Judge found the landlord liable to the tenant in the amount of $95 per week due to discontinuation of meal service in this residential hotel, but found the tenant's claim regarding excessive initial rent for the unit to be outside the jurisdiction of the Rent Board. The landlord appeals, maintaining that: the respondent is not the landlord for purposes of liability for rent reductions due to decreased housing services; meals in a hotel are not housing services as defined in the Rent Ordinance; and there is no substantial evidence to support the rent reduction granted. Because of the lack of a second voting Tenant Commissioner, this case was continued from the meeting on July 15^th.

B. 2117 - 48^th Ave. AT030132 & -33

The tenant's appeal of two prior decisions certifying capital improvement costs was filed over two years late because the tenant's financial circumstances have changed since the decisions were issued.

C. 221 Serrano Dr. AT030141

The landlord's petition for rent increases based on increased operating expenses was granted, resulting in 7% base rent increases in this multi-unit complex. One tenant appeals the decision on the grounds of financial hardship.

D. 1077 Ashbury St. #C AT030142

The landlords' petition for certification of capital improvement costs to 3 of 11 units was granted. One tenant appeals the decision on the grounds of financial hardship.

E. 514 Vidal Dr. AT030139

The landlord's petition for certification of the cost of a new roof for two units was granted. One tenant appeals the decision, alleging that: the roof replacement constituted ordinary repair, and is not a capital improvement; and without the repair, additional health risks, harm and property damage would be inflicted upon the tenants.

F. 1541 California St. #25 AT030140

The landlord's petition asking for a determination under Rules Section 1.21 was granted as the Administrative Law Judge found that the subject unit is not the tenant's principal place of residence. On appeal, the tenant claims that: her rent checks show her parents' address in Los Angeles, which she uses for mailing purposes; she does not make loud noises while on the premises, which is why no one hears her; she does not receive mail at the unit, but uses a post office box; her possessions are still in the unit, establishing residency; and she has returned to the subject premises after family emergencies and travel necessitated by education and employment. After discussion, it was the consensus of the Board to continue this case in order for staff to contact the tenant and provide her with the opportunity to furnish a Declaration of Non-Receipt of Notice of Hearing under penalty of perjury, if appropriate.

G. 53 Ford St. AL030144

The landlords' petition for certification of the costs of new porches, deck and stairway was granted but the costs of a room added to the rear of the tenant's unit was denied as not being necessary. Additionally, rent overpayments in the amount of $6,233.09 were determined to be owing from the landlord to the tenants. The landlord appeals, providing additional documentation to prove that he is entitled to the actual interest rate on his loan; asking for clarification as to when he is next entitled to impose a rent increase; and maintaining that the tenant should be required to pay for the cost of the porch roof replacement.

H. 4042 - 22^nd St. AL030143

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 $1,768.75. On appeal the landlord, who failed to appear at the subject hearing, alleges that: the tenant's complaints are exaggerated; there are factual errors in the decision; the first notice she had of several of the alleged conditions was with receipt of the petition filed by the tenant; the conditions have almost completely been remedied; there is sufficient hot water in the building; and the landlord also lives in the building and does not experience the other tenants as creating excessive noise.

I. 1266 - 20^th Ave. AT030084

The landlord's petition for certification of capital improvement costs for a single family dwelling was granted, in part. The tenant appeals, asserting that: the Ammiano amendments pertaining to capital improvements should apply to this case since proper notice of the passthrough was not issued until after the effective date of the amendments; there are factual inaccuracies and improper application of relevant law in the Decision; the landlord is retaliating against the tenant by Ellising the building; the replacement capital improvements were necessitated by the landlord's deferred maintenance; the landlord had actual and constructive notice of the conditions; notice to the landlord of the condition is not a prerequisite for finding deferred maintenance, and the landlord had constructive notice of the condition of the stairs; remarks made by the tenant were taken out of context; and the repairs that were made do not constitute capital improvements.

J. 305 Webster St. AT030145

The tenants' petition alleging decreased housing services was denied because the Administrative Law Judge found that the tenants had failed to provide access to the unit in order for the repairs to be effectuated. On appeal, the tenants claim that: access to the unit had been granted since the date of the inspection by the building inspector up until the date of the hearing; the landlord was required to keep the premises in a habitable condition as long as the tenants remained on the premises, despite a Superior Court judgment that terminated the tenancy as of June 24, 2002; and there are factual errors in the decision.

VI. Communications

In addition to correspondence concerning cases on the calendar, the Board received the office workload statistics for the month of June, 2003.

VII. Director's Report

In the absence of Executive Director Grubb, Deputy Director Wolf informed the Commissioners that the City Attorney filed an appeal of Judge McBride's decision in the case of Baba v. Rent Board (Superior Court Case No. 501589), which enjoined the agency from enforcing Sections 37.10A(c) and (g) {the Daly amendments} of the Ordinance. The filing of the appeal automatically stays the decision pending appeal. Therefore, unless and until the Court of Appeal grants a motion to lift the stay or denies the City's appeal, landlords must put a threat or request for a tenant to move in writing within 5 days of the threat or request, independent tenant counsel and court approval are required for a valid waiver of tenant rights under the Ordinance, and landlords must file settlement agreements with the Board. The Deputy Director also told the Board that legislation providing for "Floating Alternates" for Commissioners would be heard before the Land Use Committee of the Board of Supervisors on Monday, August 11^th.

The anticipated start date for the new program is October 1, 2003.

IX. Calendar Items

August 12, 19 & 26, 2003 - NO MEETINGS

September 2, 2003

11 appeal considerations (1 cont. from 8/5/03)

X. Adjournment