November 28, 2006

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

Staff Present: Brandon; Lee; Wolf.

Commissioner Marshall went off the record at 6:45 p.m.

MSC: To approve the Minutes of November 14, 2006 with the following correction: on the Agenda, the second appeal number for the case at 1851 8^{th Ave. #4 should be AT060105 instead of AL060105. (Murphy/Gruber: 5-0)}

^{A. Tenant Patrick Propst at 2629 Folsom St. (AT060116) told the Board that he is on SSI, so he shouldnt have to pay the capital improvement passthrough.}

^{B. Dorene Nudelman spoke on behalf of her mother, the landlord in the case at 1150 Clay #1 (AT060112). Ms. Nudelman said that her mother is renting a room to the tenant, who has been given a Notice to Vacate. Now, the tenant has taken them before the Rent Board, refuses to leave the premises, and refuses to appear at the hearing. Ms. Nudelman asked the Commissioners what she should do.}

^{C. Tenant Phillip Page of 550 Battery St. #2214 (AT060113) told the Board that the basis of his appeal is that utility costs are included in the initial rent. If these costs are not indexed over time, there is a discrepancy between their relationship to the rent. At the Golden Gateway complex, Mr. Page believes that this amounts to in excess of $200,000 for all the tenants who reside on the premises.}

^{The landlords petition for certification of capital improvement costs was granted, resulting in a monthly passthrough in the amount of $29.41 to the tenants in 9 of 18 units. The tenant in one unit appeals the decision on the grounds of financial hardship.}

^{The tenants petition seeking a determination of the lawful rent pursuant to Rules Section 6.15C(3) was dismissed due to the tenants failure to appear at the properly noticed hearing. On appeal, the tenant claims not to have received the notice of hearing, and attaches the requisite Declaration of Non-Receipt of Notice of Hearing.}

^{The tenants petition alleging decreased housing services was dismissed because the rents are regulated under the Low Income Housing Tax Credit Program and the Rent Board does not have jurisdiction. The tenant appeals, asserting that: the landlords response to the tenants petition includes the names of individuals who no longer live in the unit; the lease introduced as evidence by the landlord is not the lease that the tenant signed; the tenants complaint has to do with water damage to his unit; and the tenant has been harassed and discriminated against by building management.}

^{The tenants petition alleging decreased housing services and asking that the Rent Board determine the tenants lawful rent was granted only as to a defective door lock for which the landlord was found liable in the amount of $37.50. On appeal, the tenant claims that: she did not understand a mediated agreement that she signed in 2003; the ALJ did not allow her witness to testify on the tenants behalf; and her base rent should be reduced by $40.00 to compensate for a parking space she voluntarily relinquished.}

^{The landlords petition for approval of a utility passthrough for 4 of 794 units was granted. One tenant appeals the decision, arguing that the decision allows the landlord to recover a portion of their utility costs twice, since the base rate for utilities is built into the tenants base rents in their original leases.}

^{An appeal hearing began at 6:50 p.m. and concluded at 8:45 p.m. In attendance were tenant Catrina Paulson accompanied by her attorney, Nils Rosenquist, and witnesses Andreas Papaliolis and Don Feinberg. The landlord was represented by Attorney Daniel Stern; landlord witness Don Mac Ritchie was also present and testified for the landlord. The issue in the case is whether the subject unit was the tenants principal place of residence at the time the petition was filed. Testimony focused on the conditions that mitigated against the tenant staying at the unit, including the birth of twins, windows that are unsafe for children and current on-going construction in the building. Prior to the conclusion of the hearing, President Gruber asked whether the parties would like an opportunity to discuss settlement, which offer was accepted. The attorneys reported back to the Board that a settlement had not been reached, and would be difficult to attain in the limited time period remaining. Accordingly, the Commissioners agreed to continue this case to the Board meeting on December 12th. If no settlement has been reached by that time, the attorneys will give closing arguments and the Commissioners will decide the case at that meeting.}

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

^{A. A schedule of tentative Board meeting dates for 2007.}

^{B. Revised draft regulations implementing Ordinance 37.2(r) requiring Just Cause for removal of specified housing services from Senior Administrative Law Judge Tim Lee.}

^{C. A copy of Ordinance Number 281-06 amending the Rent Ordinance to include units in buildings for which tax credits are reserved or obtained pursuant to the federal low income housing tax credit program.}

^{D. A November 26th article from the Sunday Real Estate section of the San Francisco Chronicle quoting President Gruber on the business practices of landlord Matthew Hallinan.}

^{Executive Director Wolf informed the Commissioners that the annual allowable increase commencing March 1, 2007 would be 1.5%.}

^{Further discussion of this issue was continued to the next Board meeting, on December 12, 2006.}

^{D. The tenant in case number T061360 told the Board that he requested a postponement of his hearing because he needs more time to amend his petition and gather documents and evidence. The tenant needs additional time because he will be forced to go to arbitration if the case cant be settled through mediation. The tenant believes that the landlord has no respect for the laws of this country.}

^{December 5, 2006 - NO MEETING}

^{December 12, 2006}

^{6:30 4 appeal considerations}

^{Appeal Hearing: 1360 Jones St., Unit No. 602 AL060094}

^{(cont. from 11/28/06)}

^{Old Business: Mirkarimi Legislation (Ordinance 37.2{r})}

^{New Business: Rules and Regulations Changes Necessitated by Prop. H}

^{President Gruber adjourned the meeting at 9:10 p.m.}