July 24, 2007MINUTES OF THE REGULAR MEETING OF
THE SAN FRANCISCO RESIDENTIAL RENT
STABILIZATION & ARBITRATION BOARD,
Tuesday, July 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 6:05 p.m.
II. Roll Call
Commissioners Present: Becker; Gruber; Henderson; Mosbrucker.
Commissioners not Present: Hurley; Marshall; Mosser.
Staff Present: Lee; Wolf.
Commissioner Justman appeared on the record at 6:07 p.m.; Commissioner Murphy arrived at the meeting at 6:15 p.m.
III. Approval of the Minutes
MSC: To approve the Minutes of July 10, 2007.
(Becker/Mosbrucker: 3-0)
IV. Consideration of Appeals
A. 837 Oak St. AT070159
The landlord filed a petition requesting a determination of the tenant's proper base rent, which was found to be $300 per month. The tenant failed to appear at the hearing. On appeal, the tenant claims not to have received notice of the hearing, and that the landlord has a history of tenant abuses. The tenant's appeal was filed approximately three months late because the tenant claims that she received "delayed notice."
MSC: To find no good cause for the late filing of the appeal. The Decision of the Administrative Law Judge is therefore final. (Gruber/Justman: 3-1; Becker dissenting)
B. 1150 Clay St., Apt. 1 AL070158
The subtenant's petition pursuant to Rules ß6.15C(3) was granted and the Administrative Law Judge (ALJ) found that the subtenant paid more than her proportional share of the rent to the Master Tenant in the amount of $3,900.00. On appeal, the Master Tenant argues that: the subtenant agreed to pay the amount of rent found to be unlawful; the subtenant's tenancy was only supposed to be temporary; the Master Tenant is afraid of the subtenant; and the decision presents her with a financial hardship.
MSC: To accept the appeal and remand the case to the Administrative Law Judge for a hearing on the Master Tenant's claim of financial hardship only. (Mosbrucker/Justman: 4-0)
C. 1090 Jackson #4 AT070154
The landlord's petition for certification of capital improvement costs to 5 of 7 units was granted, in part. The tenants in one unit appeal the decision because the capital improvement work in their bathroom was caused by leaks from the upstairs unit and, since the tenants were not responsible for the leaks, they do not feel that they should have to pay for the work.
MSC: To accept the appeal and remand the case to the Administrative Law Judge with instructions to find that the new floor and window associated with the bathroom remodel work in unit #4 constitute capital improvements, while the rest of the work associated with the bathroom remodel is in the nature of repair and those costs cannot be passed through to the tenants. (Becker/Mosbrucker: 5-0)
D. 522 Bowdoin St. AT070155
The tenant filed a petition alleging unlawful rent increases and asking for a determination of the proper base rent. The Administrative Law Judge found that the landlords were liable to the tenant in the amount of $750.00 due to a renegotiated rent upon the signing of a new lease, but that the restoration of an agreed-upon base rent figure once the tenant obtained employment was lawful. The tenant appeals, claiming that: the rent was paid for the month of April 2005; a document entered into evidence by the landlord is null and void because it was notarized by one of the landlords; and the tenant has not received any of the overpaid sums.
MSC: To deny the appeal. (Murphy/Gruber: 5-0)
E. 1750 Greenwich St., Unit 6 AL060117
(cont. from 12/12/06)
The landlord's petition seeking a determination pursuant to Rules ß1.21 was denied because the ALJ found that the subject unit was still the tenant's principal place of residence, although she had been absent for several years to care for her bedridden mother. The landlord appealed the decision and the Board continued consideration of the appeal for eight months, after which time they requested that each side submit supplemental evidence; they also specified that the appeal could be considered earlier should the tenant's circumstances change. The landlord has re-opened the case, claiming that the tenant's mother has died but the tenant has not resumed residency at the subject unit.
MSC: To accept the appeal and remand the case to the Administrative Law Judge for a supplemental hearing. (Murphy/Justman: 5-0)
F. 373 Duncan #2 AL070156
The tenant's petition alleging unlawful rent increases and asking for a determination of the proper base rent was granted and the landlord was found liable to the tenant in the amount of $23,735.92. On appeal, the landlord maintains that the building was not subject to the jurisdiction of the Rent Ordinance prior to the passage of Proposition I in 1994 and the rent overpayment calculations are therefore incorrect.
MSC: To accept the appeal and remand the case to the Administrative Law Judge for a hearing on the tenant's rent history. (Murphy/Justman: 5-0)
G. 3330 Pierce St., #103 AT070157
The landlord's petition for approval of utility passthroughs for 11 of 21 units was granted. One tenant appeals the decision, asserting that she does not have steam heat in her unit and should only be charged for utility costs associated with the garage, which is in the common area of the building.
MSC: To deny the appeal. (Murphy/Gruber: 5-0)
V. Communications
In addition to correspondence concerning cases on the calendar, the Commissioners received the office workload statistics for the month of June and a new Commissioners' roster.
VI. Remarks from the Public
A. Irina Nudelman, the Master Tenant in the case at 1150 Clay St. (AL070158), told the Board that the aggressive behavior of the subtenant forced her to move out of the unit.
B. Tenant Martha Delgado of 373 Duncan #2 (AL070156) said that the landlord has given her excessive rent increases over her 22-year tenancy, including the fact that she now has to pay $50 for water and garbage collection.
VII. New Business
A. Rent Board Statement of Incompatible Activities
The Commissioners received a copy of the agency's proposed Statement of Incompatible Activities, which has been approved by the Ethics Commission and is currently going through the Meet and Confer process with the relevant unions.
B. Request for Advisory Opinion Regarding Charges Associated
With Payment of Rent by Credit Card
The Board received a letter from Susan Sangiacomo of Trinity Properties asking whether having a tenant pay costs associated with payment of rent by credit card would constitute an unlawful rent increase. After discussion, the Commissioners declined to offer an advisory opinion, since the Tenant Commissioners expressed some concerns. If the tenant community changes their mind about the desirability of this practice in the future, they can ask that this issue be re-calendared. Landlord Greg Blaine told the Board members that he uses rentpayment.com for this purpose, and the company, not the landlord, receives the fees.
VIII. Calendar Items
July 31st, August 7th and 14th, 2007 - NO MEETINGS
August 21, 2007
9 appeal considerations
IX. Adjournment
President Gruber adjourned the meeting at 7:20 p.m.