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January 9, 2007

January 9, 2007

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

Tuesday, January 9, 2007 at 6:00 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level

I. Call to Order

President Gruber called the meeting to order at 6:05 p.m.

II. Roll Call

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

Commissioners not Present: Mosbrucker.

Staff Present: Lee; Wolf.

Commissioner Justman appeared on the record at 6:10 p.m. Additionally, Miguel Bustos, Director of Commissions for the Mayor's Office, briefly appeared and introduced himself to the Board members.

III. Approval of the Minutes

MSC: To approve the Minutes of December 12, 2006. (Marshall/Gruber: 4-0)

IV. Remarks from the Public

A. Sarah Sherburn-Zimmer of the Central City SRO Collaborative appeared on behalf of the tenants at the Civic Center Hotel (AL060075). Ms. Sherburn-Zimmer said that she had no dispute with the landlord's contention that the building is not a UMB. However, the landlord's two other bases for appeal were not well taken because it would have been impossible for the tenants to meet the burden of proof; and landlords should be expected to comply with building codes. If they do not do so, tenants should be entitled to rent reductions for decreased housing services.

V. Consideration of Appeals

A. 55 Chumasero 11-H AT060121

The landlord's petition for approval of a utility passthrough for 58 of 153 units was granted. The tenants in one unit appeal the decision on the grounds of financial hardship.

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

MSC: To accept the appeal and remand the case for a hearing on the tenants' claim of financial hardship. (Marshall/Henderson: 5-0)

B. 55 Chumasero 6J AT060122

The tenant's appeal was filed three days late because the elderly tenant did not know how to file an appeal.

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

MSC: To find good cause for the late filing of the appeal. (Henderson/Marshall: 5-0)

The landlord's petition for approval of a utility passthrough for 68 of 153 units was granted. One tenant appeals the decision on the grounds of financial hardship.

MSC: To accept the appeal and remand the case for a hearing on the tenant's claim of financial hardship. (Marshall/Henderson: 5-0)

C. 500 Hyde St. #109 AT060126

The tenant's petition alleging decreased housing services was dismissed due to his failure to appear at the properly noticed hearing. On appeal, the tenant claims that he misunderstood the ALJ's instructions after a failed mediation, and believed that another hearing would not be scheduled until he filed an amended petition.

MSC: To accept the appeal and remand the case for a new hearing; absent extraordinary circumstances, should the tenant again fail to appear, no further hearings will be scheduled. (Marshall/Gruber: 5-0)

D. 930 Post St. #36 AT060124

The landlord's petition for approval of a utility passthrough for 16 of 44 units was granted. One tenant appeals the decision, alleging that: the building manager has taken over what was formerly a common area of the building, possibly resulting in increased utility costs; the garage and storage areas are not made available to the building's tenants; utility costs related to the renovation of vacant units should not be passed through; the tenants' leases provide that steam heat is to be provided free of charge; the landlord is passing through the costs to long-term tenants only; the room count of another tenant in the building is incorrect; and the tenant did not receive a copy of the petition or accompanying memorandum, which explained her right to object.

MSC: To accept the appeal, vacate the decision and remand the case for a new hearing. (Becker/Marshall: 5-0)

E. 20-12th St./1601-1605 Market St. AL060075

(cont. from 9/5/06)

Thirty-four tenants were granted rent reductions in the amount of $20 per month due to the landlords' failure to seismically retrofit their Single Room Occupancy Hotel, an unreinforced masonry building (UMB). The landlords appealed the decision, claiming that: the tenants failed to meet their burden of proving that the building is a UMB; the building has recently been reinspected and shown to be a steel frame structure, which does not require seismic retrofit; the failure to seismically upgrade a structure does not constitute a decrease in housing services; and there was no evidence that the tenants reasonably expected that the building would be retrofitted, nor that the landlords promised such an upgrade.

A Stipulated Agreement requesting that consideration of this appeal be continued was received from the parties and granted prior to the September 5, 2006 meeting.

MSC: To accept the appeal and remand the case to the Administrative Law Judge on the record to deny the tenants' claims based on new evidence that the building is not subject to the Seismic Ordinance. (Marshall/Murphy: 5-0)

F. 1875 Pacific Ave., Apt. #204 AT060120

The landlord's petition for a rent increase from $400 to $1,595.00 based on comparable rents was granted. The tenant, the former resident manager of the building, claims hardship as well as asserting that: her due process rights were violated because her request for extension of the open record was denied; there are factual errors in the decision; the landlord should have used comparable units in the same building as the tenant's unit; and the landlord has harassed the tenant and attempted to evict her from the unit.

After discussion, it was the consensus of the Board to continue consideration of this appeal in order to allow the tenant to provide evidence that she had been precluded from submitting.

G. 1310 Jones St. AL060125

The landlord's petition for approval of a utility passthrough using the base year 1999 for 20 of 58 units was denied for all units except one. On appeal, the landlord asks to be allowed to file an amended petition, using the base year 2002.

MSC: To accept the appeal and remand the case to the Administrative Law Judge to allow the landlord to submit an amended petition using 2002 as the base year. (Murphy/Gruber: 5-0)

VI. Communications

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

A. A holiday and thank-you card to staff and the Commissioners from former Board President Sharon Wasserman.

B. A proposed amendment to ß37.3 of the Ordinance which would allow landlords to impose a $25.00 monthly rent increase for a new dog or cat in a unit.

C. Articles from the San Francisco Chronicle and San Francisco Daily Journal.

D. An updated copy of the Rent Ordinance and List of Ordinance Amendments.

VII. Director's Report

Executive Director Wolf informed the Board that she would be speaking before the Animal Care and Control Commission on January 11th regarding the above-referenced proposal to allow a rent increase for a new dog or cat in a unit. The Mayor will be holding a Policy Town Hall Meeting on homelessness on January 13th; either Ms. Wolf or Commissioner Becker will appear. Additionally, Commissioner Hurley will be attending the Harvey Milk City Hall Memorial Sculpture Competition on January 10th.

VIII. Old Business

A. Proposed Revision to Rules & Regulations ß12.15(d) to Conform to

Proposition H re Relocation Payments for Temporary Capital Improvement Evictions

The Board discussed a Memorandum from Senior Administrative Law Judge Tim Lee suggesting language to conform Rules ß12.15(d) to recently passed Ordinance amendments increasing the amount of relocation payments for temporary capital improvement evictions. The Board then moved as follows:

MSC: To adopt proposed amendments conforming Rules and Regulations 12.15(d) to Proposition H, passed on the November ballot. (Marshall/Murphy: 5-0)

Rules Section 12.15(d) now reads as follows:

(d) Moving Costs

Any landlord who seeks to recover possession of a unit pursuant to Section 37.9(a)(11) of the Ordinance shall pay relocation expenses as provided in Section 37.9C of the Ordinance.

B. Mirkarimi Legislation Requiring Just Cause for the Severance or

Removal of Certain Housing Services

The Board continued their discussion of proposed amendments to the Rules and Regulations to implement the Mirkarimi legislation. Senior Administrative Law Judge Tim Lee reported that it is problematic to allow landlords to use parking spaces in residential properties because such spaces are supposed to be for the use of the tenants in the building. Therefore, the new draft regulations add the requirement that a landlord or relative's use of a housing facility be "reasonable and lawful." Additionally, temporary capital improvement and lead remediation work of less than 30 days was carved out as not constituting a severance, although still subject to a decreased housing service petition. There was discussion among the Board members as to whether 30 days constituted a sufficient amount of time. Additional language was added to make clear that a tenant's failure to relinquish a housing service should not lead to eviction from the unit. Commissioner Murphy asked that a "safe harbor" from wrongful eviction be added for landlords acting in good faith but who are unsuccessful in attempting to recover a housing facility. Lastly, the Board decided that a carve-out should be added for services provided after the inception of the tenancy for which there was no additional compensation.

Senior Administrative Law Judge Tim Lee will meet with Commissioner Justman to draft proposed language for the remaining issues and discussion of the new draft will take place at the January 23rd Board meeting.

IV. Remarks from the Public (cont.)

B. Tenant Sophie Restar, the former Resident Manager at 1875 Pacific (AT060120 & -23), told the Board that the landlord tried to circumvent the Rent Ordinance and get her out of the unit, including locking her out at midnight. Ms. Restar said that she doesn't want a "second bite of the apple," just due process. She stated that she is indigent, and relied on a contract that said her rent would be $400 upon termination of her employment.

C. Landlord Jay Greenberg of 1875 Pacific said that the owners of the building respect the rules of the Rent Board, and that it is not true that the tenant was locked out of her unit. Mr. Greenberg alleged that this story is a "fabrication," and said that someone went over to the unit and let the tenant in.

IX. Calendar Items

January 16, 2007 - NO MEETING

January 23, 2007

7 appeal considerations

Old Business: Mirkarimi Legislation (Ordinance ß37.2{r})

X. Adjournment

President Gruber adjourned the meeting at 8:50 p.m.

Last updated: 10/9/2009 11:26:18 AM