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November 17, 2009

 

 

MINUTES OF THE REGULAR MEETING OF

THE SAN FRANCISCO RESIDENTIAL RENT

STABILIZATION & ARBITRATION BOARD,

 

Tuesday, November 17, 2009 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:            Beard; Crow; Gruber; Henderson; Hurley; Mosbrucker; Mosser; Yaros.

Commissioners not Present:       Marshall.

Staff Present:                              Lee; Wolf.

Commissioner Murphy appeared on the record at 6:14 p.m.

 

            III.            Approval of the Minutes

 

                                    MSC:            To approve the Minutes of October 20, 2009.

                                                (Henderson/Hurley:  5-0)

 

            IV.            Remarks from the Public

 

            A.  Cal Broomhead, Energy and Climate Programs Manager for the Department of the Environment, told the Board that the Department is exploring the use of stimulus money to encourage the replacement of old refrigerators with energy efficient appliances, which could have a big impact on utility bills.  Once the program is established, Mr. Broomhead will return to discuss the capital improvement passthrough provisions of the Ordinance and Rules with the Commissioners.

 

            B.  Viliam Dugovic, the tenant at 554 Broadway (AT090233), said that the Administrative Law Judge (ALJ) didn’t consider his evidence, that the manager failed to appear and testified by phone and that the “whole case is messed up.”

 

            C.  Nora Corrasco, representative for tenant Carlo Torrone of 525 Greenwich (AT090224), told the Board that the tenant has good and bad days, and couldn’t get out of bed on the day of the hearing.

 

            D.  Rod Hinkle, Attorney for the landlord in the case at 6841 Geary Blvd. (AL090226), said that the Decision rested on the assumption that the landlord had notice of the conditions because of a letter that was found in the landlord’s file during the hearing.  However, Mr. Hinkle explained that the letter was in the file due to pending court actions and there was no corroborating evidence that it had been seen earlier.  Mr. Hinkle told the Board that the outcome of this appeal could affect a pending court case.

 

            E.  The tenant at 6841 Geary, Genrietta Lerner, said that the ALJ made the right decision because the owner was lying about the problems in the unit and never came to fix the gate.

 

            F.  Andrew Hawkins, representing the landlord in the case at 1108 Lake Street (AL090223), told the Board that the landlord is absentee and her agent has no command of the English language.  Mr. Hawkins said that the $100 reduction for laundry for 14 months was unreasonable and that only one side in the case was heard.  Mr. Hawkins asked for a new hearing so that he could cross-examine the tenant.

 

            G.  Tenant Symeo Streeter of 1337 Page (AT090221) said that key evidence from a prior Extension of Time case was not considered by the ALJ.  Mr. Streeter contended that the landlord had admitted that he had access to storage and parking in the building, but later denied it because there was no written documentation.

 

            V.            Consideration of Appeals

 

            A.  2715 Franklin #2                                    AT090232

 

The landlord’s petition seeking certification of capital improvement costs to 3 of 4 units in the building was granted, resulting in a monthly passthrough in the amount of $63.23.  One 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:  5-0)

 

            B.  525 Greenwich St.                                    AT090224

 

      The tenant’s petition seeking a determination of the lawful base rent was dismissed due to his failure to appear at the properly noticed hearing.  On appeal, the tenant claims to have been ill on the day of the hearing.

 

                                    MSC: To accept the appeal and remand the case for a new hearing; should the tenant again fail to appear, absent extraordinary circumstances, no further hearings will be granted.  (Henderson/Mosbrucker:  5-0)

 

            C.            1900 Vallejo #203                                    AT090229 & -0234

 

      The landlord’s petitions seeking certification of capital costs were granted, resulting in monthly passthroughs in the amount of $33.13 and $14.31.  One tenant appeals the decisions on the grounds of financial hardship.

 

                                    MSC: To accept the appeals the remand the cases for a hearing on the tenant’s claims of financial hardship.  (Gruber/Mosbrucker:  5-0)

 

            D.            1115 Taylor #4                                    AL090228

 

      The subtenant’s petition alleging that he paid a disproportionate share of the rent was granted and the Master Tenant was found liable to the subtenant in the amount of $10,800.00.  The Master Tenant’s hardship appeal was granted and remanded for hearing.  In the remand decision, the ALJ finds sufficient hardship to order a repayment plan in the amount of $150.00 per month.  The Master Tenant again appeals, claiming that even the reduced amount will cause him severe hardship and possibly result in both tenants’ eviction from the premises.

 

                                    MSC: To deny the appeal.  (Mosbrucker/Gruber:  5-0)

 

            E.            1108 Lake St.                                    AL090223

 

      The landlord’s appeal of a decision granting a claim of decreased housing services was filed three days late because the landlord was allegedly out of the country at the time the decision was mailed and the property manager has limited English skills.

 

                                    MSC: To find no good cause for the untimely filing of the appeal.  The Decision is therefore final.  (Henderson/Mosbrucker:  5-0)

           

            F.            44 Crestline Dr. #3                                    AT090227

 

      The landlord’s petition for certification of capital improvement costs was granted.  The tenant in one unit elected to have 100% of the certified costs passed through to her, with a cap of 15% of her base rent, rather than 50% of the costs.  As this election has proved to be disadvantageous to her and she is experiencing financial hardship, the tenant asks that the Board allow her to rescind the election of the 100% alternative.

 

                                    MSC: To accept the appeal and remand the case to the Administrative Law Judge with instructions to waive the Regulations pursuant to Rules Section 2.18 and allow the tenant to rescind the Addendum electing the 100% passthrough option.  (Gruber/Mosbrucker:  5-0)

 

            G.            1337 Page #4                                    AT090221

 

      The tenant’s petition alleging decreased housing services due to loss of parking and storage spaces in the building was denied as the ALJ found that the tenant failed to meet his burden of proving that the services were part of the base rent at the inception of the tenancy.  On appeal, the tenant maintains that:  the landlord gave contradictory testimony during two recent Rent Board hearings and committed perjury; the landlord admitted that the tenant had rights to garage parking and storage, but later denied it; and relevant testimony was omitted from the decision.

 

                                    MSC: To recuse Commissioner Mosbrucker from consideration of this appeal.  (Henderson/Crow:  5-0)

 

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

 

            H.  16 Salmon #2                                                                        AT090222

 

      The tenant’s petition alleging unlawful rent increases and decreased housing services was denied because the ALJ found that laundry and storage services were added after the commencement of the tenancy for no additional charge.  The tenant appeals the decision, arguing that:  storage and laundry privileges were promised to him by the prior landlord and were factored in to his base rent, as evidenced by the Estoppel Certificate he filed with the petition; the prior landlord increased his rent upon his installation of a washer/dryer; the landlord provided inaccurate information, which was relied on by the ALJ; there had never been an extra charge for use of the storage shelves outside of the unit; and a Small Claims Court decision finding that he is entitled to laundry and storage in the building at no cost should be binding on the Rent Board.

 

                                    MSC: To accept the appeal and remand the case to the Administrative Law Judge to evaluate and determine the status of the Small Claims Court ruling and its effect on the tenant’s decreased services claim; to deny the appeal as to the alleged unlawful rent increase.  A supplemental hearing will be held if necessary.  (Beard/Mosbrucker:  5-0)

 

             I.  1755 Van Ness #302                                                            AL090225

 

      The landlord filed a petition seeking a determination pursuant to Rules Sections 1.21 and 6.14 and Costa-Hawkins.  The ALJ found that the subject unit is not the tenant’s principal place of residence but her subtenant is a Tenant in Occupancy and, because the tenant still permanently resides part-time in the subject unit, no rent increase is warranted.  On appeal, the landlord maintains that:  the tenant no longer permanently resides in the unit; the ALJ exhibited bias in denying the landlord’s petition for rent increase; and the subtenant does not meet the definition of a Tenant in Occupancy.

 

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

 

               J.  6841 Geary Blvd. #6                                                            AL090226

 

      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 $1,280.00 due to habitability defects on the premises.  On appeal, the landlords claim that:  the landlords were not on notice of the defective security gate system until April 24, 2009; and the rent reduction for the defective entry system is disproportionately high, as is the rent reduction for the worn carpet.

 

`            MSC: To deny the appeal; no determination is made as to the merits of any other claims.  (Mosbrucker/Henderson:  5-0)

 

               K.  68 Albion St.                                                                        AL090230

 

      The tenant’s petition alleging decreased housing services was granted and the landlord was found liable to the tenant in the amount of $4,485.00 due to lack of heat and $495.99 for broken window cranks and closers.  On appeal, the landlord claims that:  the landlord was not on notice of the problems until the tenant contacted the Department of Building Inspection after being given a 3-day notice for non-payment of rent; the problems were immediately remedied; and the window cranks were removed by the tenant.

 

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

 

               L.  1435 – 7th Ave. #2                                                            AL090231

 

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 $6,157.50 due to habitability defects on the premises.  The landlords appeal, claiming that:  the tenant was granted a rent reduction for loss of use of the deck, which she did not use; the bathroom window is not defective and the landlords were not on notice of this issue until November 2008; a rent reduction was granted for a period of time after the bathroom had been painted and the landlords were not on notice of the recurrence of the problem; the amount of the rent reduction granted for the linoleum is in error; several of the problems were merely cosmetic; and the rent reductions granted are excessive.

 

                                    MSC: To deny the appeal except to remand the case to the Administrative Law Judge for a necessary Technical Correction.  (Mosbrucker/Henderson:  5-0)

 

                M.  554 Broadway #33                                                            AT090233

 

      The tenant’s petition alleging decreased housing services and harassment by the landlord was denied.  On appeal, the tenant claims that:  the rent is not a lawful amount; the evidence he provided was not considered in the decision; and he proved that the landlord failed to perform necessary repair and maintenance as required by state and local law. 

 

                                    MSC: To deny the appeal.  (Murphy/Mosbrucker:  5-0)

 

            VI.            Communications

 

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

 

            A.  A copy of the Rules and Regulations amended September 8, 2009.

 

            B.  A letter from Aaron Goodman, President of the Parkmerced Residents’ Organization (PRO), regarding recent statements made by the landlord’s representatives at a Rent Board hearing.

 

                        C.  Articles from the S.F. Bay Guardian, S.F. Appeal, S.F. Gate, and the S.F. Chronicle.

 

            IV.            Remarks from the Public (cont.)

 

            H.  Tenant Symeo Streeter of 1337 Page said that the second page of the Estoppel Agreement verified that he had parking and storage, but it wasn’t submitted.  Mr. Streeter told the Board he was unable to lodge an objection over the removal of these services because he wasn’t medically able to do so at the time.  Mr. Streeter maintained that everyone agrees he had the space, but his petition was denied anyway.

 

            VII.            Calendar Items

 

                        November 24th, December 1st & December 8th – NO MEETINGS

 

                        December 15, 2009

                        11 appeal considerations

 

            VIII.            Adjournment

 

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

 

NOTE: If any materials related to an item on this agenda have been distributed to the Commission after distribution of the agenda packet, those materials are available for public inspection at the office of the Rent Board during normal office hours.

 

 

Last updated: 2/12/2015 3:11:52 PM