To view graphic version of this page, refresh this page (F5)

Skip to page body

February 6, 2007

February 6, 2007

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

Tuesday, February 6, 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; Mosbrucker.

Commissioners not Present: Mosser.

Staff Present: Lee; Wolf.

Commissioner Justman appeared on the record at 6:08 p.m.; Commissioner Murphy arrived at the meeting at 6:10 p.m.

III. Approval of the Minutes

MSC: To approve the Minutes of January 23, 2007.

(Becker/Hurley: 4-0)

IV. Remarks from the Public

Amir Zavieh, the tenant at 2124 Hyde St. (AL070005), told the Board that the landlord's appeal should be denied because the tenant never filed a petition alleging decreased housing services, and merely complained of inconveniences caused by construction on the premises. Mr. Zavieh said that his complaint had nothing to do with the Rent Board.

V. Consideration of Appeals

A. 2124 Hyde St. AL07005

The landlord filed a petition requesting a determination of the tenants' lawful base rent. Specifically, the landlord asked the Rent Board to determine whether the tenants' base rent is appropriate taking into consideration the value of decreased housing services alleged by the tenants. The petition was dismissed because the Rules and Regulations provide no authority for a landlord to file such a petition, and the tenant(s) may not wish to pursue the claim at the Rent Board. The landlord appeals, asserting that: there is nothing in the Ordinance to prohibit such a filing; the Rent Board allows landlords to file petitions on "Other" grounds, including determinations of lawful base rent; refusal to hear these petitions constitutes a denial of due process and equal protection and exposes landlords to increased liability; and the courts increasingly rely on local rent boards to make such determinations.

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

B. 2143 Taylor St. AL070008

The tenant's petition was granted and the Master Tenant was found liable to the tenant for utility overcharges, rent overpayments pursuant to Rules ß6.15C(3) and a sum granted to the tenant in a prior decision that was never paid. The Master Tenant's appeal of the decision was accepted and remanded for a new hearing, to include the issue of hardship to the Master Tenant. The remand decision finds the Master Tenant liable to the tenant in the amount of $8,100.98, to be offset from the tenant's rent at the rate of $200 per month due to the financial hardship of the Master Tenant. The Master Tenant appeals the remand decision, claiming that: the Administrative Law Judge violated the Master Tenant's confidentiality by revealing private medical information in the decision; Rules ß6.15C(3) is unfair in that it gives Master Tenants all the responsibilities but none of the benefits of being a landlord; he has been harassed by the tenant; the ALJ's division of the space and amenities in the unit was disproportionate; and the decision will result in the displacement of all tenants from the unit.

MSC: To deny the appeal except to remand the case to the Administrative Law Judge for a Technical Correction to strike medical information regarding the Master Tenant. (Marshall/Gruber: 5-0)

VI. Communications

The Commissioners received the following communications:

A. Legislation passed by the Board of Supervisors and signed by the Mayor on January 18, 2007, exempting housing for victims of domestic violence from compliance with the Uniform Visitor Policy for residential hotels.

B. An article from the January 27, 2007 New York Times regarding the increased use of private investigators to ferret out proof of violations of the local rent ordinance.

VII. Old Business

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, working off of Senior Administrative Law Judge Tim Lee's January 12th revised draft. Commissioner Becker expressed his concern that ß13.11(a)(4), which allows for permanent removal of a housing facility, could be used as an "end run" around the necessity for just cause even with the requirement that the landlord be acting in good faith. Commissioner Marshall suggested that the language be amended to say (new language underlined): "The landlord seeks to recover possession in good faith for a legitimate purpose in order to demolish or to otherwise permanently remove the housing facility from use and has obtained all the necessary permits on or before the date upon which notice to vacate is given, and does so without ulterior reasons and with honest intent." Additionally, the Board agreed with new language carving out from the just cause requirement reasonable accommodations due to disability that are intended to be temporary in nature. With the above additions, the Board voted as follows:

MSC: To put proposed draft regulations implementing Ordinance ß37.2(r) requiring just cause for removal of specified housing services out for Public Hearing. (Justman/Murphy: 5-0)

VIII. New Business

Departmental Budget

MSC: To approve the proposed departmental budget for fiscal year '07-'08. (Justman/Marshall: 5-0)

IX. Calendar Items

February 13, 2007 - NO MEETING

February 20, 2007

8 appeal considerations

6:30 Public Hearing: Mirkarimi Legislation (Ordinance ß37.2{r})

X. Adjournment

President Gruber adjourned the meeting at 7:15 p.m.

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