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

Skip to page body

October 23, 2007

October 23, 2007

 

MINUTES OF THE REGULAR MEETING OF
THE SAN FRANCISCO RESIDENTIAL RENT

STABILIZATION & ARBITRATION BOARD,

 

Tuesday, October 23, 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:            Gruber; Henderson; Hurley; Mosbrucker.
Commissioners not Present:            Becker; Justman; Marshall; Mosser.
Staff Present:            Lee; Wolf.

Commissioner Murphy appeared on the record at 6:13 p.m.

 

            III.            Approval of the Minutes

 

                                    MSC:            To approve the Minutes of October 2, 2007.

                                                (Hurley/Mosbrucker:  4-0)

 

            IV.            Consideration of Appeals

 

            A.            14 Fuente                                    AT070190

 

      The tenant's appeal was filed four and one-half months late because he was under the impression that an appeal that had been filed was on behalf of all of the residents of his block.

 

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

 

      The landlord's petition for rent increases based on increased operating expenses in this multi-unit complex was granted.  The 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.

                                                (Henderson/Mosbrucker:  4-0)

 

            B.  7A Gonzalez Dr.                                    AT070189

 

      The tenant's appeal was filed almost five months late because the tenant misunderstood the filing deadline for hardship appeals, after the denial of her substantive appeal.

 

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

 

      The landlord's petition for rent increases based on increased operating expenses in this multi-unit complex was granted.  The tenant appeals the decision on the grounds of financial hardship, asking to pay retroactive amounts owed in three monthly installments.

 

                                    MSC: To accept the appeal and remand the case for a hearing on the tenant's claim of financial hardship. 

                                                (Mosbrucker/Henderson:  4-0)

 

            C.            776 Bush St. #103                        AL070188

 

      The subtenant filed a petition seeking a determination of the proper base rent and alleging a substantial decrease in housing services.  The Administrative Law Judge (ALJ) found that the subtenant was not paying a disproportional share of the rent under Rules ยง6.15C(3) because the Master Tenant, the resident manager of the building, did not pay rent.  However, a rent reduction in the amount of $40.00 per month was granted due to the loss of weekly cleaning services.  The Master Tenant appeals, claiming that the decision is in error as to the date the professional cleaning service terminated and he now cleans the unit himself.

 

                                    MSC: To accept the appeal and remand the case to the Administrative Law Judge for a hearing on the issue of the loss of weekly cleaning services.  (Murphy/Gruber:  4-0)

 

            V.  Public Hearing

 

                        SRO Hotel Visitor Policy

 

      The Board convened a Public Hearing from 6:35 to 6:42 p.m. on proposed amendments to the SRO Hotel Visitor Policy.  Although there were members of the public in attendance, no one wished to address the Commissioners.  After a brief discussion, the Board passed the below motion: 

 

                                    MSC: To adopt the proposed amendments to the SRO Hotel Visitor Policy.  (Henderson/Murphy:  4-0)

 

The amended sections of the Policy read as follows below (new language underlined): 

 

                              4.      Requests for overnight guests shall be made no later than 9:00 p.m. on the same day.  The visitor does not have to be present at the time the request is made and the visitor's name need not be provided until the visitor arrives at the hotel, after which time the visitor shall have the same in and out privileges as the resident.

 

            A.            Owners or operators are entitled to request that visitors provide produce identification as follows:

 

            VI.            Communications

 

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

 

            A.  An interview with Executive Director Delene Wolf in the October 2007 S.F. Apartment Magazine.

 

            B.  Articles from the S.F. Examiner and BeyondChron.

 

            C.  An invitation to the Mayor's State of the City address.

 

            D.  The office workload statistics for the month of September 2007.

 

            E.  2007 Combined Charities Campaign contribution forms.

 

            VII.            Director's Report

 

      Senior Administrative Law Judge Tim Lee informed the Board that the Small Property Owners' Group has dropped its legal challenge to Proposition G.  Executive Director Delene Wolf let the Commissioners know that Commissioner Mosser's father had died, and all expressed their condolences.

 

            VIII.            Calendar Items

 

            October 30th & November 6th, 2007 - NO MEETINGS

            November 13, 2007

            4 appeal considerations

 

            IX.            Adjournment

 

      President Gruber adjourned the meeting at 6:40 p.m.

 

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