October 2, 2007
MINUTES OF THE REGULAR MEETING OF
THE SAN FRANCISCO RESIDENTIAL RENT
STABILIZATION & ARBITRATION BOARD,
Tuesday, October 2, 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 6:07 p.m.
II. Roll Call
Commissioners Present: Becker; Gruber; Henderson; Hurley; Justman; Mosbrucker; Mosser; Murphy.
Staff Present: Gartzman; Wolf.
Commissioner Marshall appeared on the record at 6:11 p.m.
III. Approval of the Minutes
MSC: To approve the Minutes of September 4, 2007,
(Mosbrucker/Murphy: 5-0)
IV. Remarks from the Public
A. Diane Eisenberg, the tenant at 3487 – 21st St. #2 (AL070184), told the Board that the landlord's untimely appeal should not be accepted because the landlord was represented by counsel during the entirety of the proceedings, and was in town and able to communicate with his lawyer. Ms. Eisenberg said that the hearing took over seven hours and there was voluminous documentary evidence. Since the record is comprehensive and clear, Ms. Eisenberg asked that the Board uphold the Administrative Law Judge's decision.
V. Consideration of Appeals
A. 21 Castelo AT070181
The tenant's appeal was filed approximately four months late because the tenant was mugged, resulting in a concussion, and she is also elderly.
MSC: To recuse Commissioner Becker from consideration of this appeal. (Henderson/Mosbrucker: 5-0)
MSC: To find good cause for the late filing of the appeal. (Murphy/Henderson: 4-1; Mosbrucker dissenting)
The landlord's petition for rent increases based on increased operating expenses for 1,633 of 3,287 units was granted, in part. The appeals of the tenants in 19 units were considered at the Board meeting on July 10th. The untimely appeals of four additional tenants were considered at the September 4th Board meeting. One additional tenant appeals the decision on the grounds that the insurance costs in the landlord's petition were exaggerated.
MSC: To accept the appeal and remand the case to the Administrative Law Judge with instructions to disallow consideration of insurance expenses. (Marshall/Murphy: 5-0)
B. 510 Haight St. AL070180
The tenant's petition alleging decreased housing services was granted and the landlord was found liable to the tenant in the amount of $13,350.00 due to serious habitability problems on the premises. The landlord appeals, asserting that the parties entered into a settlement in San Francisco Superior Court and that the tenant was not an authorized occupant of the unit prior to the date of the settlement agreement.
MSC: To deny the appeal but remand the case to the Administrative Law Judge to determine an equitable allocation of the rent reductions to the occupants who lived in the unit at the time the services were decreased; a hearing will be held only if necessary. (Becker/Marshall: 5-0)
C. 2375 – 16th Ave., Upper AL070182
The tenants' petition alleging decreased housing services was granted, in part, and the landlords were found liable to the tenants in the amount of $2,761.90. On appeal, the landlords claim that: they did not receive notice of the problem with the bathroom sink until they received a copy of the tenants' petition; there is no justification for the rent reduction for the leaking sink going back one year prior to the date the petition was filed; the Decision mistakenly attributes remarks to the landlords that they did not make at the hearing; the parties' oral tenancy agreement allowed for a rent increase should the cost of utilities go up; the original check tendered by the tenants was a deposit, and not rent; the ALJ exhibited bias on behalf of the tenants; and the tenants rented an additional room when their son came to live with them.
MSC: To deny the appeal. (Becker/Marshall: 5-0)
D. 15 Rotteck St. AL070185
The tenant's petition alleging an unlawful rent increase was granted and the landlord was found liable to the tenant in the amount of $2,975.00. On appeal, the landlord maintains that she asked the tenant to move to a larger room in the unit because she could not abate a mold problem in his former room, and that he agreed to pay a higher rent.
MSC: To deny the appeal. (Becker/Marshall: 5-0)
E. 1427 – 19th Ave. AL070183
The tenant's petition alleging decreased housing services and an unlawful rent increase was granted and the landlords were found liable to the tenant in the amount of $257.00 for rent overpayments and $133.25 due to the loss of use of the dining room. On appeal, the landlords claim that: the tenant failed to pay rent for the month of March 2006; they did not receive a copy of the tenant's submissions, as stated in the Decision; the landlords have already paid the tenant $68.00 towards rent overpayments; the tenants never used the dining room for that purpose nor did the tenant have access to that room, so there has been no reduction in services; and the tenant unilaterally expanded the housing services he is entitled to.
MSC: To deny the appeal. (Becker/Marshall: 5-0)
F. 1534 & 1536 – 15th St. AT070186 & -87
The landlord's petition for certification of capital improvement costs for two units was granted, in part. The tenants appeal the Decision, claiming that: objections and photographic evidence submitted by the tenants were not considered by the ALJ; the work constituted emergency repair, rather than capital improvement; replacement of the water heater should be considered routine repair and maintenance, since a water heater is properly considered an appliance; had the landlord conducted annual inspections of the roof and not deferred necessary maintenance, replacement would not have been necessary; the painting and patchwork which was not certified was done by the landlord himself and is substandard; and there are many code violations on the property.
MSC: To deny the appeal. (Murphy/Gruber: 5-0)
G. 3487 – 21st St. #2 AL070184
The landlord's appeal was filed three days late because he has been out of town caring for an ill parent.
MSC: To find good cause for the late filing of the appeal. (Murphy/Gruber: 3-2; Becker, Marshall dissenting)
The landlord's petition seeking a determination pursuant to Rules ยง1.21 was denied because the ALJ found that the subject unit is the tenant's principal place of residence. On appeal, the landlord argues that: the tenant claimed a homeowner's exemption on a single family dwelling in Michigan; there are many indices of residency that tie the tenant to the Michigan premises; and the tenants have used their San Francisco residence as a pied a terre for several years while they worked as law professors in Michigan.
MSC: To deny the appeal. (Marshall/Becker: 3-2; Murphy, Gruber dissenting)
VI. Communications
In addition to correspondence concerning cases on the calendar, the Commissioners received the following communications:
A. A copy of the Agency's Annual Statistical Report for Fiscal Year 2006-07.
B. A letter from Philip Page, Director of the Golden Gateway Tenants' Association, suggesting an alternative method for the calculation of utility passthroughs.
C. Several articles regarding the recent increase in rents, both locally and nationally.
D. An article on proposed Statewide legislation requiring individual mailboxes in single room occupancy hotels.
E. A letter from Michelle Horneff-Cohen of Property Management Systems requesting that the Board discontinue the practice of accepting new evidence upon appeal.
F. The case of Lincoln Place Tenants Association v. City of Los Angeles (Superior Court No. BS10356), affirming the City's power to regulate the demolition and redevelopment of residential property notwithstanding an owner's filing of a Notice of Intent to withdraw rental units from the market under the Ellis Act.
G. The office workload statistics for the months of July and August 2007.
VII. Director's Report
Executive Director Wolf reported that members of the counseling staff have been involved in various recent outreach opportunities: Rod Wong and Ruben Urriaga attended the Immigrant Rights Summit; Greg Miller and Alyse Ceirante staffed a booth at the S.F. Apartment Association Trade Show; Greg Miller and Roger Levin staffed the AIDS Housing Fair and the D.A.'s Legal and Community Resource Fair; and Alyse Ceirante and Roger Levin will represent the Agency at the Family Fair on October 13th. Ms. Wolf also told the Board that the Committee that makes suggestions to the Board regarding possible amendments to the SRO Hotel Visitor Policy had a very productive meeting on September 25th with the assistance of Commissioners Gruber and Becker.
IV. Remarks from the Public (cont.)
B. Landlord Paula Chen of 15 Rotteck St. (AL070185) told the Board that the tenant does have his own bathroom, and that his mother gave permission for him to move to the upstairs unit. Ms. Chen said that the tenant occupies two rooms, has lived in the building for three years without a rent increase and pays only $375.00 in rent.
VIII. Calendar Items
October 9th & 16th, 2007 - NO MEETINGS
October 23, 2007
3 appeal considerations
6:30 Public Hearing: SRO Hotel Visitor Policy
XI. Adjournment
President Gruber adjourned the meeting at 7:25 p.m.