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

Skip to page body

April 24, 2007

April 24, 2007

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

Tuesday, April 24, 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 6:10 p.m.

II. Roll Call

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

Commissioners not Present: Justman.

Staff Present: Lee; Wolf.

Commissioner Murphy appeared on the record at 6:30 p.m.

III. Approval of the Minutes

MSC: To approve the Minutes of April 3, 2007.

(Hurley/Marshall: 4-0)

IV. Remarks from the Public

A. Tenant Arnold Hornhauser of 786 Geary (AT070059) told the Board that the information the landlord provided regarding the commercial unit in the building is false, and the tenants are concerned that they will have to pay for utilities for the commercial space. Additionally, the tenants submitted objections to the petition which were not considered by the Administrative Law Judge (ALJ).

B. Tenant Melinda Hornhauser of 786 Geary (AT070060) said that the Decision stated that no tenant objections were received, despite the fact that many were submitted. Ms. Hornhauser also pointed out that the landlord admits that the commercial unit in the building is on a mixed-use gas meter and should be assigned a share of the costs. Ms. Hornhauser does not believe that the landlord owned the building during all "relevant" periods since they didn't pay the utility bills that the passthrough is based on. Ms. Hornhauser is concerned because this will form the basis for all future passthroughs.

C. Tenant Gary Near of 1408 California expressed his opinion that utility passthroughs are the "biggest rip-off in 25 years," a "disgrace" and a "shell game." He asked whether the Director had provided the Board with a copy of a lengthy document he had submitted, distributed copies to some of the Commissioners and exhorted them to read it because of the criminal proceedings going on regarding Citi Apartments. He told the Board that multiple utility passthrough petitions were filed on the last day of December, 2006. He asked why Board meetings were not tape recorded and asked the Commissioenrs to take official action and provide a rostrum for the public.

D. Tenant William Bayma of 1701 North Point (AT070050) told the Board that he did not receive a copy of the landlord's opposition to the hardship appeal of another tenant in the building and inquired as to whether the Board had received documents he submitted in support of his appeal.

E. Another tenant from 786 Geary remarked on the failure of the landlord to include the building's commercial space in the calculations and asked that the Board check to see that it's correct.

F. Tenant Michael Yu of 786 Geary told the Board that the tenants in the building pay for their own gas and electricity.

V. Consideration of Appeals

A. 1925 Fillmore St. #A AL070061

The tenant's petition alleging decreased housing services was granted, in part, and the landlords were found liable to the tenant in the amount of $674.60 due to habitability problems in the unit. On appeal, the landlords maintain that: some of the items were repaired prior to issuance of the decision; mosquito infestation would not be present during the winter months; and it is difficult to schedule repairs because the tenant insists on being present in the unit.

MSC: To accept the appeal and remand the case to the Administrative Law Judge for a hearing to determine the appropriate termination date for the rent reductions; upon issuance, the remand decision may be appealed in its entirety by either party. (Marshall/Becker: 4-0)

B. 81 Ottawa St. AL070044

The landlord's appeal was filed one week late because the landlord was out of the country at the time the decision was mailed and her mother was in the hospital upon her return.

MSC: To find good cause for the late filing of the appeal. (Becker/Marshall: 4-0)

The tenant's petition alleging an unlawful increase in rent was granted and the landlord was found liable to the tenant in the amount of $6,669.88 due to rent overpayments. On appeal, the landlord claims that: the Administrative Law Judge (ALJ) erred in finding the tenant's testimony credible; the change in terms from $1100 to $1300 was not a rent increase but, rather, a restoration of the originally agreed-upon base rent amount as evidenced by the tenant's having paid it; the rent was temporarily lowered by $200 in order to give the tenant time to find a roommate; there are factual errors in the decision; and the landlord's sister was just assisting her and not knowledgeable about all the facts in the case.

MSC: To deny the appeal. (Becker/Marshall: 4-0)

C. 1330 Jones St. AL070026

(cont. from 3/6/07)

The landlord's petition for approval of utility passthroughs for 12 units was dismissed as having been untimely filed. On appeal, the landlord asks that the Board waive its regulation and grant an equitable remedy: rather than the petition being completely dismissed, allow the landlord to collect the passthrough for 11 months, since they were only 1 week late in filing the petition. After discussion at the meeting on March 6th, it was the consensus of the Board to continue this appeal in order for staff to contact the landlord and ascertain the reason for the late filing of the petition.

MSC: Because of the relative newness of the utility passthrough procedures, to accept the appeal and remand the case to the Administrative Law Judge to determine whether passthroughs are warranted and, if so, any amounts granted shall be limited to a nine-month period. (Gruber/Murphy: 4-0)

D. 1000 Green St. AL070027

(cont. from 3/6/07)

The landlord's petition for approval of utility passthroughs for 29 units was dismissed as having been untimely filed. On appeal, the landlord asks that the Board waive its regulation and grant an equitable remedy: rather than the petition being completely dismissed, allow the landlord to collect the passthrough for 11 months, since they were only 1 week late in filing the petition. As in the case at 1330 Jones Street, above, this case was continued from the March 6th meeting in order for the landlord to provide information as to why the petition was untimely filed.

MSC: Because of the relative newness of the utility passthrough procedures, to accept the appeal and remand the case to the Administrative Law Judge to determine whether passthroughs are warranted and, if so, any amounts granted shall be limited to a nine-month period. (Gruber/Murphy: 4-0)

E. 786 Geary St. #202, 203, 302-04, 401-04 AT070052 thru -60

The landlord filed three petitions for approval of utility passthroughs, which were granted without a hearing. The tenants in nine units appeal on the grounds that: the decisions are in error in stating that they failed to file objections to the passthroughs; there is commercial space in the building, contrary to the findings in the decisions; and the residential tenants may be paying for utilities consumed by the commercial space tenant.

MSC: To accept the appeals and remand the cases to the Administrative Law Judge for a hearing. (Marshall/Becker: 4-0)

F. 1360 Green #1 AT070051

The tenant's petition alleging decreased housing services was dismissed due to her failure to appear at the properly noticed hearing. On appeal, the tenant provides documentation showing that she was out of state at the time of the hearing and also furnishes a Declaration of Non-Receipt of Notice of Hearing.

MSC: To accept the appeal and remand the case for a hearing; should the tenant again fail to appear, absent extraordinary circumstances, no further hearings will be granted. (Murphy/Becker: 4-0)

G. 1516 Larkin #8 & 12 AT070046-48

The tenants' petitions alleging unlawful rent increases were dismissed due to their failure to appear at the properly noticed hearing. On appeal, the tenants, who cannot read English, state that they thought they could appear at any time between the scheduled hearing time of 9:00-11:00 a.m.

MSC: To accept the appeals and remand the cases for a hearing. (Becker/Murphy: 4-0)

H. 1554 Howard #205 AT070045

The tenant's petition alleging decreased housing services was dismissed due to her failure to appear at the properly noticed hearing. On appeal, the tenant claims to have been ill on the day of the hearing and says that she phoned the landlord and told them not to attend.

MSC: To accept the appeal and remand the case for a hearing; should the tenant again fail to appear, absent extraordinary circumstances, no further hearings will be granted.

(Becker/Murphy: 4-0)

I. 1701 North Point St. #202 & 302 AT070049 & -50

The landlords' petition for rent increases based on increased operating expenses to 15 of 18 units was granted. Two tenants appeal the decision on the grounds of financial hardship.

MSC: To accept the appeal of the tenant in unit #302 and remand the case for a hearing on the tenant's claim of financial hardship. (Becker/Marshall: 4-0)

MSC: To deny the appeal of the tenant in unit #202.

(Murphy/Gruber: 4-0)

VI. Communications

The Commissioners received the following communications:

A. Several articles from BeyondChron.

B. A new roster of Rent Board Commissioners.

C. The office workload statistics for the month of March.

VII. Director's Report

Executive Director Wolf went over the methodology by which Senior Administrative Law Judge Gartzman calculates the interest rate on security deposits, pursuant to the Board's request.

IV. Remarks from the Public (cont.)

G. Elita Suarez, the landlord at 81 Ottawa St. (AL070044), told the Board that she and the tenant used to be friends, and the landlord trusted her. She said that she had a letter confirming that the rent was $1300 but didn't put this figure on the lease. Ms. Suarez told the Board that she is a single mother and if the tenant is only going to pay $1100 for rent, she won't be able to afford to keep the house. Ms. Suarez asked that the Board consider all these factors and said that she has heard that San Francisco is always on the side of the tenant, but she doesn't want to believe that's true.

VIII. Calendar Items

May 1, 2007 - NO MEETING

May 8, 2007

6:30 5 appeal considerations

IX. Adjournment

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

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