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October 18, 2005

October 18, 2005

 

MINUTES OF THE REGULAR MEETING OF

THE SAN FRANCISCO RESIDENTIAL RENT

STABILIZATION & ARBITRATION BOARD,

 

Tuesday, October 18, 2005 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 6:05 p.m.

      II.       Roll Call

               Commissioners Present:              Becker; Gruber; Henderson; Hurley; Justman; Marshall; Mosser.

               Commissioners not Present:        Mosbrucker; Wasserman.

               Staff Present:                                  Lee; Wolf.

               Commissioner Murphy appeared on the record at 6:10 p.m.  Commissioners Justman and Mosser went off the record at 7:10 p.m.

 

      III.      Approval of the Minutes

                        MSC:  To approve the Minutes of September 20, 2005.

                                    (Gruber/Hurley:  5-0)

      IV.     Remarks from the Public

               A.  Tenant Julian Lagos of 128 Garces Dr. (AT050221) read from a prepared statement in which he asked that Commissioners who have associations with his landlord, specifically Commissioner Murphy, recuse themselves from consideration of his appeal.  Mr. Lagos requested that the Board refer his landlord to the District Attorney for perjury and asked that they take into account facts that the Administrative Law Judge allegedly ignored.

               B.  Tenant Phillip Flores of 237 Parque Drive (AL050216) told the Commissioners that he has submitted a great deal of legal evidence, while the landlord has submitted none.  Mr. Flores suggested that the Board call the Department of Building Inspection to find out that the landlord “continues to perjure himself.”  Mr. Flores also believes that having to pay extra for a service one already has is the equivalent of “taxation without representation.”

               C.  Jeff Chen, attorney for the landlord in the case at 237 Parque Drive, submitted a lease for the premises from 1999 that the landlord “hadn’t known he had.”  Mr. Chen said that the Administrative Law Judge subsequently changed his decision, and that it was “outrageous” to have made a decision based on a grammatical error.  He asked that the case be remanded to a different Administrative Law Judge.

      V.     Consideration of Appeals

               A.  237 Parque Dr.                                                            AL050216

                                                                                                            (cont. from 9/20/05)

      The tenant’s petition alleging an unlawful rent increase was granted and the landlord was found liable to the tenant in the amount of $12,200.00.  The landlord appeals, claiming that:  the rent increase was based on additional housing services; the tenant agreed to pay for all utilities for the unit, which he has failed to do; and the tenant is collecting rent and acting as a Master Tenant.  After discussion at the September 20th meeting, it was the consensus of the Board to continue consideration of this appeal in order to obtain a Memorandum from the Administrative Law Judge.

                        MSC: To accept the appeal and remand the case to the Administrative Law Judge for a hearing on the issue of whether the downstairs bedroom was an additional housing service agreed to by the parties after the inception of the tenancy and for a necessary Technical Correction.  (Gruber/Hurley:  5-0)

               B.  4272A – 23rd St.                                               AL050222

      The subtenant filed a petition seeking a determination of his lawful rent pursuant to Rules Section 6.15C(3) and alleging an unlawful rent increase.  The Administrative Law Judge found that the tenant was not charged more than his proportional share of the rent during his tenancy, but that the Master Tenant was liable to the subtenant in the amount of $222.78 for unauthorized utility charges.  On appeal, the Master Tenant claims that the subtenant was charged for utilities only after he violated the original agreement calling for “moderate” use of utilities; and that the subtenant has failed to reimburse the Master Tenant monies that he owes her.

                        MSC: To deny the appeal except to remand the case to the Administrative Law Judge for a necessary Technical Correction.  (Becker/Justman:  5-0)

               C.  128 Garces Dr.                                                AT050221

      The landlord’s petition for certification of the costs of a new roof was granted, resulting in a monthly passthrough in the amount of $21.36.  The tenant appeals the decision, arguing that:  the landlord did not make timely efforts within ninety days to replace or repair the roof after a NOV had been issued; the landlord’s deferred maintenance resulted in a second NOV being issued; and the landlord’s representatives committed perjury at the hearing, and their credibility was therefore irreparably impeached.

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

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

               D.  3024 Fulton #10                                               AT050223

      The landlord’s petition for a rent increase based on comparable rents was denied as moot.  The Administrative Law Judge found that the amount sought by the landlord, $1,750.00, was the initial base rent of the tenant, who previously had been a co-owner of the property.  On appeal, the tenant argues that:  the tenancy commenced in 1997 rather than 2004 because payments between co-owners can serve to create a landlord-tenant relationship; the fair market value of the unit was between $1,100.00 and $1,200.00, rather than $1,750.00; the tenant never agreed to pay $1,750.00 as a condition of the sale to the current owner; and the subject unit has one bedroom, rather than two.

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

               E.  249 Dolores St.                                                AL050224

      The landlord’s petition seeking a determination pursuant to Rules Sections 1.21 and 6.14 and Costa-Hawkins was denied because the Administrative Law Judge found that the subject unit is the tenant’s principal place of residence.  On appeal, the landlord maintains that:  the tenant entered into written leases for other rental units, obtained work and moved her personal possessions to Santa Cruz while attending college there; the tenant had never paid rent for the subject unit and a 6.14 notice was timely served upon her after her first rent check was tendered; the makers of Declarations on behalf of the tenant were not at the hearing and not subject to cross-examination; and the tenant should have to demonstrate the financial ability to have maintained the subject unit during her absence, or her rights should terminate.

                        MSC: To deny the appeal.  (Becker/Marshall:  3-2; Gruber,

                                    Murphy dissenting)

      VI.     Communications

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

               A.  An article from the October 4th S.F. Examiner regarding the sale of the Villas Parkmerced.

               B.  Articles from Beyond Chron regarding proposed legislation by Supervisor Dufty to encourage condo conversions and proposed legislation by Supervisor Daly to increase oversight of condo conversions where tenants have been evicted.

               C.  An article from the October 9th Chronicle regarding the availability of individual loans for purchasers of TICs.

               D.  A letter from landlord Evelyn Adler asking the Board to simplify the process for passing through increased utility costs to tenants.

               E.  An Invitation to the Mayor’s annual State of the City Address.

               F.  A copy of the City’s Policy on Discriminatory or Harassing Remarks Made at Public Meetings of City Boards and Commissions. 

               G.  A copy of the Rent Board’s Annual Statistical Report for Fiscal Year 2004-2005.

      VII.    Director’s Report

      Executive Director Wolf informed the Board that Civil Code Section 1946.1 will be repealed on January 1, 2006, at which time a landlord will be able to terminate a month-to-month tenancy upon 30 days notice.  Ms. Wolf also told the Board she would be attending a Town Hall meeting with the Mayor in the South of Market neighborhood on Saturday, October 22nd.

      VII.    Calendar Items

               October 25th, November 1st & 8th, 2005 - NO MEETINGS

               November 15, 2005

               9 appeal considerations

      VIII.   Adjournment

      Vice-President Marshall adjourned the meeting at 7:22 p.m.

Last updated: 10/9/2009 11:26:17 AM