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December 16, 2003

December 16, 2003

MINUTES OF THE REGULAR MEETING OF
THE SAN FRANCISCO RESIDENTIAL RENT

STABILIZATION & ARBITRATION BOARD,

Tuesday, December 16, 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 6:17 p.m.

II. Roll Call

Commissioners Present: Becker; Gruber; Henderson; Marshall; Mosbrucker; Mosser; Wasserman.
Commissioners not Present: Justman; Lightner.
Staff Present: Grubb; Wolf.
Commissioner Murphy appeared on the record at 6:27 p.m.

President Wasserman expressed the Board's welcome to new Alternate Tenant Commissioner Deborah Henderson. Additionally, since she was unable to attend the staff party, President Wasserman extended holiday wishes to the "hardest-working staff and best-run agency in town." Commissioner Becker asked that this be a resolution of the Board, which received no dissent.

III. Approval of the Minutes

      MSC: To approve the Minutes of December 2, 2003.
      (Becker/Gruber: 5-0)

IV. Remarks from the Public

Tenant Gary Near of 1408 California (AT030346 & -47) told the Commissioners that the opposing party has registered no objection to his "good cause" request for postponement of tonight's scheduled consideration of his appeal. Mr. Near believes that the Administrative Law Judge has a "statutory obligation" to respond to the Declaration submitted by seven tenants in the building.

V. Consideration of Appeals

A. 2033 Turk St. AL030350

The tenant's petition alleging decreased housing services was granted and the landlords were found liable to the tenant in the amount of $540.00 due to leaks in the unit. On appeal, the landlords claim that there is no decrease in services because there is no evidence of recent or current water intrusion into the unit.

      MSC: To accept the appeal and remand the case to the Administrative Law Judge to re-open the record on the past and present status of the leaks in the unit; a hearing will be held only if necessary. (Wasserman/Gruber: 4-1; Becker dissenting)

B. 1414 Taraval #2 AL030348

The tenants' petition alleging decreased housing services was granted and the landlords were found liable to the tenants in the amount of $120 due to a rodent infestation in the unit. On appeal, the landlords claim that: the delays in eradicating the problem were the fault of the tenants; the tenants failed to avail themselves of pest control items purchased for them by the landlords; and the tenants failed to make themselves available for the exterminator.

Since the landlords had provided an additional submission prior to the meeting that had not been timely served on the tenants, the Board voted as follows below:

        MSC: To continue consideration of this appeal to the next meeting.
        (Murphy/Gruber: 4-1; Becker dissenting)

    C. 1408 California AT030346 & -47

    The landlord's petition for certification of capital improvement costs to 24 of 37 units was granted, resulting in maximum monthly passthroughs in the amount of $50.08. The tenants in two units appeal the decision, asserting that: a written transcript is necessary in order for the Board to decide the appeal, because of procedural irregularities, errors and abuses of discretion by the Administrative Law Judge; the landlord failed to prove the claimed costs and payment thereof; the evidence taken at the hearing is in conflict with the Findings and Conclusions in the Decision; the tenants' voluminous evidence was ignored; the tenants were denied their due process rights; and some of the landlord's evidence was fraudulent.

        MSC: To deny the appeals. (Gruber/Murphy: 5-0)

    D. 727-731 Florida St. #202 AL030344

    The tenants' petition alleging unlawful rent increases and decreased housing services was granted and the landlord was found liable to the tenants in the amount of $833.21 for rent overpayments and $3,230.00 due to roof leaks and water and mold damage. The landlord appeals, asserting that: the tenants failed to provide conclusive proof of the allegedly unlawful rent increase; the tenants signed a General Release in settlement of the tenants' decreased housing claims; the roof was repaired within a reasonable amount of time, it was thought that patching had alleviated the problem, and delays were due to factors outside the landlord's control; the tenants failed to notify management of their complaints and have failed to cooperate with the landlord's repair attempts; the amount granted is excessive, considering the fact that it rains predominantly in the winter months; and the decision needs a Technical Correction as to the number of months for which the rent reduction was granted.

        MSC: To recuse Commissioner Becker from consideration of this appeal. (Marshall/Murphy: 5-0)

        MSC: To deny the appeal except to remand the case to the Administrative Law Judge for necessary Technical Corrections to the Decision. (Marshall/Henderson: 3-2; Gruber, Murphy dissenting)

    E. 376 B 2nd Ave. AL030345

    The tenant's petition alleging decreased housing services and the landlord's failure to repair was granted and the landlord was found liable to the tenant in the amount of $327.60 due to unsafe back stairs. An annual rent increase was also ordered deferred until the staircase is replaced. On appeal, the landlord claims that: the back stairs are to be used for emergencies only, and not for entering or exiting the building on a daily basis; the back stairs were always blocked by the tenant's belongings; delays have been caused by the Planning Department; a Notice of Violation was not issued; the tenant did not request the repairs; and the tenant is economically motivated.

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

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

    F. 67 Fresno St. #9 AL030349

    The tenant's petition alleging an unlawful increase in rent from $869.00 to $1,500.00 was granted because the Administrative Law Judge found that the proposed rent increase was not warranted by Rules Section 6.14 or Costa-Hawkins. On appeal, the landlord maintains that: the Administrative Law Judge should have recused herself from hearing the case after discovering that she was related to the landlord; and the decision is contrary to the applicable law and not supported by substantial evidence.

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

    President Wasserman wished the Minutes to reflect that the Administrative Law Judge is not related to the landlord in this case.

    G. 520 So. Van Ness #379 AL030320

          (cont. from 12/2/03)

    The tenant's petition alleging decreased housing services because the residential hotel was in violation of the provisions of the Uniform Visitor Policy was granted and the landlord was found liable to the tenant in the amount of $480.00. On appeal, the landlord maintains that: the value placed on the decreased housing services is unreasonable considering the amount of rent paid by the tenant; the hotel's Visitor Policy constitutes a reasonable interpretation of the Uniform Visitor Policy; there is no language in the Visitor Policy preventing a landlord from limiting visitors to one at a time; serious overcrowding and diminished quality of life would result from allowing each tenant to have two visitors at a time; the practice of limiting consecutive overnights takes into account the needs of the hotel to maintain health and safety and the rights of other tenants; and any relief granted should apply prospectively only.

        MSC: To recuse Commissioner Mosser from consideration of this appeal. (Becker/Murphy: 5-0)

        MSC: To deny the appeal except to remand the case to the Administrative Law Judge to re-structure the rent overpayments so that the amount is recovered over a 12-month period at the rate of $40 per month; a copy of the Decision shall be sent to the third party payor, if any.

            (Marshall/Wasserman: 4-1; Gruber dissenting)

VI. Communications

    The Board received several communications concerning cases on the calendar.

VII. Calendar Items

    December 23 & 30, 2003 - NO MEETINGS

    January 6, 2004

    Executive Session:

      Rossoff v. Rent Board (Superior Court Case No. 401226)

    8 appeal considerations (1 cont. from 12/16/03)

    Old Business:

      A. Rossoff v. Rent Board

      B. Rules and Regulations Section 4.11

VIII. Adjournment

    President Wasserman adjourned the meeting at 7:44 p.m.

Last updated: 10/9/2009 11:26:16 AM