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November 13, 2007

November 13, 2007

 

MINUTES OF THE REGULAR MEETING OF
THE SAN FRANCISCO RESIDENTIAL RENT

STABILIZATION & ARBITRATION BOARD,

Tuesday, November 13, 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; Mosser.

Commissioners not Present:       Becker; Murphy.

Staff Present:                           Gartzman; Wolf.

 

            Commissioner Marshall appeared on the record at 6:15 p.m.; Commissioner Justman arrived at the meeting at 6:25 p.m.

 

            III.            Approval of the Minutes

MSC:            To approve the Minutes of October 23, 2007.  (Henderson/Hurley:  4-0)

            IV.            Consideration of Appeals

            A.            2502 Cabrillo                                    AL070191

      The landlord's petition for a determination pursuant to Rules §1.21 was denied because the Administrative Law Judge found that the subject unit is the tenant's principal place of residence, and that she is only temporarily residing at a residential care facility.  On appeal, the landlord maintains that:  the tenant's mail does not go to the subject unit but, rather, is delivered to her conservator; the tenant is physically able to return to the unit with in-home care but has failed to do so, although she can afford to; and the apartment is no longer the tenant's usual place of return, since she has chosen to relocate to an assisted living facility, rather than returning to the unit. 

MSC: To continue consideration of this appeal to the March 4, 2008 meeting. No later than one week prior to that time, the parties shall submit evidence to the Board and the opposing party that the tenant has returned to the unit or, if not, why not; or evidence of any efforts the tenant has made to effectuate her intent to return. (Justman/Mosbrucker:  5-0)

 

            B.            891-893 Greenwich #891                    AT070192

      The subtenant's petition alleging that she paid a disproportional share of the rent pursuant to Rules §6.15C(3) was denied.  On appeal, the subtenant claims that:  the Master Tenant misrepresented the total amount of rent he paid to the landlord, and the subtenant relied on that misrepresentation when she agreed to pay her share of the rent; and, since the Master Tenant engaged in fraud, he should not be allowed to utilize the alternative rent-sharing methodologies outlined in Rules §6.15C(3).

MSC: To deny the appeal.  (Hurley/Henderson:  5-0)

            C.            2710 Baker St. #5                               AL070193

      The landlord's petition for a determination pursuant to Rules Sections 1.21 and 6.14 and Costa-Hawkins was denied because the Administrative Law Judge determined that an original tenant still permanently resided at the subject unit, although it was not his principal place of residence.  On appeal, the landlord argues that:  the standard for  principal place of residence under Rules Section 1.21 and  permanently resides under Costa-Hawkins should be the same or Costa-Hawkins has no meaning and fails to accomplish its legislative intent; Rules Section 1.21 is being applied differently to landlords where there are subtenants who moved in to the unit prior to January 1, 1996 and to those where there are no such subtenants in place; and the intent of Rules Section 6.14 is also subverted by the decision.

MSC: To deny the appeal.  (Marshall/Henderson:  3-2; Gruber, Hurley dissenting)

                        D.  4001-4011 – 24th St.                         AL070194

      The landlord's petition for rent increases to 3 of 8 units was granted, in part.  The landlord appeals, claiming that:  the Administrative Law Judge erred in finding that only 11 months of garbage bills were submitted; and the formula used by the landlord to divide the expenses between the commercial and residential units is fair and equitable.

MSC: To accept the appeal and remand the case to the Administrative Law Judge on the record.  (Mosbrucker/Hurley:  4-0)

            V.            Communications

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

            A.  An article from BeyondChron regarding an Initiative headed toward the June ballot, which would ban rent control.

            B.  The office workload statistics for the month of October 2007.

            C.  A new staff roster.

            VI.            Director's Report

      Executive Director Wolf informed the Board that Attorney Brooks Beard has been appointed to the vacant Alternate Neutral seat by the Mayor, but has not yet been sworn in.  The staff holiday party will be at Don Ramon's restaurant at noon on December 13th; the Commissioners' Holiday Dinner will take place at Indigo Restaurant after the Board meeting on December 11th.

            VII.            Remarks from the Public

      Attorney Brenda Cruz Keith, representing the landlord in the case at 2710 Baker St. #5 (AL070193), told the Board that they should have considered the tenant's status at the time the 1.21 petition was filed, so the fact that he moved back in to the unit later should have been irrelevant.  Ms. Keith believes that it is difficult for landlords to meet their burden of proof in these cases, as they do not have the benefits of discovery.

            VIII.            Calendar Items

            November 20th and 27th and December 4, 2007 - NO MEETINGS

            December 11, 2007

            8 appeal considerations

            IX.            Adjournment

      President Gruber adjourned the meeting at 7:10 p.m.

 

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