MINUTES OF THE REGULAR MEETING OF
THE SAN FRANCISCO RESIDENTIAL
RENT
STABILIZATION &
ARBITRATION BOARD,
Tuesday, December 15, 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.
Commissioners
not Present: Marshall;
Murphy; Yaros.
Staff
Present: Lee;
Wolf.
III. Approval
of the Minutes
MSC: To
approve the Minutes of November 17, 2009.
(Henderson/Mosbrucker: 5-0)
IV. Remarks
from the Public
A. Landlord Anatole Geiche of 805 – 27th
Ave. (AL090238) told the Board that the Administrative Law Judge (ALJ) made
incorrect statements in her Memorandum responding to his appeal, including that
the landlord failed to submit evidence/proof of his contentions. Mr. Geiche said that he sent seven
letters to the tenant, which the Court of Appeal would have considered evidence,
but the ALJ disregarded.
B. Landlord Wendy Shibori of 2045 – 19th
St. (AL090247) asked how the Board makes decisions without viewing the subject
properties. Ms. Shibori maintained
that the tenant was just looking to reduce her rent: she didn’t like having a
window in the door, because it made her feel insecure. Ms. Shibori explained that glass
conducts cold, so the condition is impossible to fix. She admitted that the lack of a heating source in the unit
was a problem but asked that the Board reconsider the over $8,000 granted to
the tenant.
V. Consideration
of Appeals
A. 1135 & 1137 Taylor AT090235
& -36
The
landlord’s petition for rent increases to 5 of 10 units based on increased
operating expenses was granted.
The tenants in two units appeal the decision on the grounds of financial
hardship.
MSC:
To accept the appeals and remand the cases for hearings on the tenants’ claims
of financial hardship.
(Henderson/Hurley: 5-0)
B. 85
Richland #1 AT090241
& -42
The
landlord filed two petitions seeking certification of capital improvement
costs, which were granted. One
tenant appeals the decisions on the grounds of financial hardship.
MSC:
To accept the appeals and remand the cases for a hearing on the tenant’s claims
of financial hardship.
(Mosbrucker/Hurley: 5-0)
C. 183
Topeka Ave. AT090245
The
tenant’s petition alleging decreased housing services was dismissed due to his
failure to appear at the properly noticed hearing. On appeal, the tenant claims not to have received the Notice
of Hearing, and attaches the requisite Declaration of Non-Receipt of Notice of
Hearing.
MSC: To accept the appeal and remand the
case for a new hearing.
(Henderson/Hurley: 5-0)
D. 339
– 20th Ave. AL090246
The
tenant’s petition alleging decreased housing services was granted and the
landlord was found liable to the tenant in the amount of $3,286.10. The landlord’s appeal of the decision
on the grounds of financial hardship was accepted and on remand the ALJ
established a repayment plan in which the amount would be broken into 12 monthly
installments. On further appeal,
the landlord requests that the monthly amount be reduced or the offset extended
over a longer period of time.
MSC:
To deny the appeal.
(Mosbrucker/Henderson: 5-0)
E. 80 Terra Vista Ave. #13 AT090248
The
landlord’s petition for certification of capital improvement costs to 6 of 15
units was granted. 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.
F. 240
Cumberland #101 & 302 AT090239
& -40
The
landlord’s petition for certification of capital improvement costs to 18 of 30
units was granted, resulting in a monthly passthrough in the amount of
$53.66. The tenant in unit #101 appeals
the decision on the grounds that he does not have a deck with a door and should
not be charged for that portion of the work. The tenant in unit # 302 alleges that: the ALJ erroneously placed the burden
of proof on the tenants; the landlord’s proof of costs is not conclusive or
tied to the work; the tenants proved that the costs were unreasonable based on
the poor quality of the work; the landscaping work does not constitute a
capital improvement; and the tenants do not derive any benefit from the work
that related to water leaks into the garage.
MSC:
To deny the appeal of the tenant in unit #101
(Hurley/Gruber: 4-1; Henderson dissenting)
MSC:
To deny the appeal of the tenant in unit #302. (Hurley/Gruber:
3-2; Henderson, Mosbrucker dissenting)
G. 1210
– 22nd Ave. #A AL090237
The
tenants’ petition alleging unlawful rent increases was granted and the landlord
was found liable to the tenants in the amount of $3,792.08. On appeal, the landlord asserts that: the tenants have underpaid rent due to
several years when no rent increases were given; the tenants owe the landlord
several years of rental unit fees; and the tenants signed a new lease at a
higher rent to compensate the landlord for capital improvements he made to the
unit.
MSC:
To deny the appeal.
(Mosbrucker/Henderson: 5-0)
H. 805 –
27th Ave. AL090238
The
tenant’s petition alleging decreased housing services was granted, in part, and
the landlord was found liable to the tenant in the amount of $12,523.75 due to
defective conditions on the premises.
The landlord appeals the decision, claiming that: the tenants’ actions prevented the
installation of laundry appliances; the ALJ exhibited bias against the landlord
and engaged in judicial misconduct; the tenant’s evidence was fabricated; the
tenant failed to meet his burden of proof; and the tenant’s claims are barred
by the doctrine of laches.
MSC:
To deny the appeal.
(Henderson/Mosbrucker: 3-2;
Gruber, Hurley dissenting)
I. 462 Vallejo AT090243
The
landlord’s petition for certification of the costs of exterior painting and
rebuilding a back porch floor to the tenants in two units was granted, in
part. The tenants in one unit
appeal the decision, claiming that:
the back porch floor work consisted of repair, rather than capital
improvement, as the condition of the property was restored rather than
improved.
MSC:
To deny the appeal.
(Hurley/Gruber: 3-2;
Henderson, Mosbrucker dissenting)
J. 392 – 28th St. AT090244
The
landlord’s petition for certification of capital improvement costs to one of
two units was granted, in part.
The tenants appeal the passthrough of the dry rot repair work since the
windows are still leaking and damaging the newly refinished hardwood floors.
MSC:
To accept the appeal and remand the case to the Administrative Law Judge to
grant conditional certification of the work and allow imposition of the capital
improvement passthrough only after any defects have been corrected. (Hurley/Gruber: 4-1; Mosbrucker dissenting)
K.
2045 – 19th St. AL090247
The
tenant’s petition alleging decreased housing services due to habitability
defects in the unit was granted and the landlords were found liable to the
tenant in the amount of $8,275.00.
On appeal, the landlords maintain that: the tenant was informed of the condition of the unit prior
to her moving in; the tenant has had long-term guests; the tenant removed
curtains that provided insulation; the tenant’s lifestyle contributes to the
condensation and mold problems and the tenant could have caused the sparking
problems; the electrical system has now been upgraded; and the widows and door
are part of the building and are in working order.
MSC:
To deny the appeal.
(Mosbrucker/Henderson: 5-0)
VI. Communications
In
addition to correspondence concerning cases on the calendar, the Commissioners
received the following communications:
A. The office workload statistics for the
month of October, 2009.
B. Articles from San Francisco Magazine,
the San Francisco Examiner, the San Francisco Chronicle, and the New
York Times.
VII. Director’s
Report
Executive
Director Wolf told the Board that legislation sponsored by Supervisor Avalos
that would extend eviction coverage to post-1979 rental units was passed by the
Board of Supervisors on a 7-4 vote, but is likely to be vetoed by the
Mayor. Legislation sponsored by
Supervisor Mar that would make families with minor children a “protected class”
for purposes of owner move-in eviction was referred to the full Board by the
Land Use Committee without recommendation. Ms. Wolf also reminded the Commissioners that they are
required to complete on-line Harassment Training by December 31, 2009.
IV. Remarks
from the Public (cont.)
C. Anatole Geiche told the Board that the
papers he submitted explained the problem with the heating system in the
building: that some of the
hallways were over-heated with tenants using fans, while others were cold. Mr. Geiche said that the generator was
found to be overly powerful. He is
a Mechanical Engineer and maintained that what the tenant claimed could not
have happened, which explains why he failed to complain for 3-1/2 years.
D. Wendy Shibori told the Board that she
accepts the rent reduction for lack of heat, but disagrees with the other
reductions. She expressed her
belief that the problem with the door is merely cosmetic and that she is being
penalized for providing a functional, secure door. Ms. Shibori said that the only way to prevent drafts through
French doors is to caulk and weather-strip them shut. Ms. Shibori maintained that the tenant is “just looking for
money” and “wants the unit re-done to her specifications.”
E. Tenant Mark De Vita of 392 – 28th
St. (AT090244) said that the new windows were installed in 2006, there were no
problems prior to that time, and that’s when the problems started. Mr. De Vita does not believe the new
windows provided any benefit to the building since water came in for years. Mr. De Vita maintained that, if the
landlord had made necessary repairs all along, there would not have been dry
rot.
X. Calendar
Items
December
22nd & 29th, 2009 & January 5th &
12th, 2010 – NO MEETINGS
January
19, 2010
15
appeal considerations
XI. Adjournment
President
Gruber adjourned the meeting at 7:30 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.