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October 20, 1998

October 20, 1998
October 9, 1998

NOTICE OF PUBLIC HEARING

DATE: October 20, 1998
TIME: 6:00 P.M.
PLACE: 25 VAN NESS AVENUE (AT MARKET ST.) 
70 Lower Level 
SAN FRANCISCO, CALIFORNIA 

THE RENT BOARD COMMISSIONERS INVITE THE PUBLIC TO COMMENT ON PROPOSED CHANGES TO THE RULES AND REGULATIONS GOVERNING THE RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE, CHAPTER 37 OF THE SAN FRANCISCO ADMINISTRATIVE CODE.

THE COMMISSION IS TAKING PUBLIC COMMENT ON THE ATTACHED LANGUAGE WHICH AFFECTS SEVERAL DIFFERENT SECTIONS. THE FIRST PROPOSED AMENDMENT IS TO SECTION 7.12(b) AND IS INTENDED TO CLARIFY EXISTING RENT BOARD POLICY AS TO WHEN A TENANT WOULD NOT BE SUBJECT TO A CAPITAL IMPROVEMENT PASSTHROUGH PURSUANT TO THE "SIX MONTH RULE". TWO DIFFERENT VERSIONS HAVE BEEN PROPOSED BY THE COMMISSION FOR THE PUBLIC’S CONSIDERATION.
THE SECOND PROPOSED AMENDMENT IS TO SECTION 11.10. THIS AMENDMENT CLARIFIES THAT PETITIONS FILED FOR THE PURPOSE OF DETERMINING DISABILITY PURSUANT TO ORDINANCE SECTIONS 37.9(i)(1)(B)(i) AND (ii) ("THE MORATORIUM") MAY BE CONDUCTED BY A DEPARTMENTAL HEARING OFFICER OR ANY OTHER DESIGNEE OF THE DEPARTMENT.

THE THIRD PROPOSED AMENDMENT ADDS SECTION 12.14(d). THIS AMENDMENT ALLOWS A FINDER OF FACT IN A HEARING FOR THE PURPOSE OF DETERMINING DISABILITY PURSUANT TO ORDINANCE SECTIONS 37.9(i)(1)(B)(i) AND (ii) ("THE MORATORIUM") TO CONSIDER VARIOUS TYPES OF MEDICAL EVIDENCE, INCLUDING GOVERNMENTAL FINDINGS, PERSONAL TESTIMONY AND MEDICAL REPORTS.

You may either comment at the public hearing and/or submit written comments. If you would like to submit written comments, it is requested that they be received at the department no later than 5 p.m. on Wednesday, October 14, 1998, so that the Commissioners can be mailed your comments and review them prior to the hearing. Written comments may also be submitted at the hearing. 12 copies of your comments must be submitted for the Commissioners.

You will be able to address the Commissioners during the public comment period at the hearing. The Commission may impose a three minute rule on individual testimony.

CURRENT TEXT OF 7.12(b) READS AS FOLLOWS:

Additions are Underlined

    (b) Effect of Vacancy on Rent Increases Requested for Capital Improvements


If a unit becomes vacant and is rerented after completion of capital improvements, rehabilitation, and/or energy conservation work listed in an application for certification, no additional rent will be allowed on the unit based on the improvements or work since the landlord has the opportunity to bring the unit up to market rent at the time the unit is rerented. This section also applies to those units rented within six months of the commencement of work for which an application for certification is filed, provided that ownership has not changed in that period.

PROPOSED TEXT FOR 7.12(b) WOULD READ AS FOLLOWS:

Version One:


If a unit becomes vacant and is rerented after completion of capital improvements, rehabilitation, and/or energy conservation work listed in an application for certification, no additional rent will be allowed on the unit based on the improvements or work since the landlord has the opportunity to bring the unit up to market rent at the time the unit is rerented. This section also applies to those units rented during the construction period for the project of which the work is a part, or within six months of the commencement of work for which an application for certification is filed, provided that ownership has not changed in that period.

Version Two:

If a unit becomes vacant and is rerented after completion of capital improvements, rehabilitation, and/or energy conservation work listed in an application for certification, no additional rent will be allowed on the unit based on the improvements or work since the landlord has the opportunity to bring the unit up to market rent at the time the unit is rerented. This section also applies to those units rented during the construction period for the project of which the work is a part , as stated in the permit and/or contract documents, or within six months of the commencement of work for which an application for certification is filed, provided that ownership has not changed in that period.

CURRENT TEXT OF 11.10 READS AS FOLLOWS:

Section 11.10 Time of Hearing; Consolidation
(Amended September 19, 1989)

Within a reasonable time following the filing of a petition and payment of the estimator fee, if required, the petition shall be referred to a hearing officer. That hearing officer shall hold the hearing within forty-five (45) days of the date of the filing of the petition. Where petitions are filed by or for tenants of a single housing complex, and there are common material issues of law or fact, those petitions shall be consolidated for hearing, unless to do so would be unfair to either party. Written notice of the hearing, by mail, shall be given at least ten (10) days prior to the date of the hearing. A declaration under penalty of perjury stating the date and place of the mailing of such notice and stating to whom and at what addresses the notice was sent shall be retained in the file of each case.

PROPOSED TEXT OF SECTION 11.10 READS AS FOLLOWS:

Within a reasonable time following the filing of a petition and payment of the estimator fee, if required, the petition shall be referred to a hearing officer. If the petition is for a determination of disability pursuant to Ordinance Sections 37.9(i)(1)(B)(i) and (ii), such hearing may be conducted by a hearing officer or other designee of the Rent Board. That hearing officer shall hold the hearing within forty-five (45) days of the date of the filing of the petition. Where petitions are filed by or for tenants of a single housing complex, and there are common material issues of law or fact, those petitions shall be consolidated for hearing, unless to do so would be unfair to either party. Written notice of the hearing, by mail, shall be given at least ten (10) days prior to the date of the hearing. A declaration under penalty of perjury stating the date and place of the mailing of such notice and stating to whom and at what addresses the notice was sent shall be retained in the file of each case.

PROPOSED TEXT OF SECTION 12.14(d) READS AS FOLLOWS:
(This section is entirely new)

    (d) In determining whether a tenant is disabled as defined under Section 37.9(a)(8)(i)(1)(B)(i), a finder of fact shall consider relevant evidence, including:


      (1) findings by any government entity concerning a disability;

      (2) testimony concerning the disability; and


      (3) medical evidence concerning the disability.


jpg/rules/regs/7.12&11.10/10/20/98
Last updated: 12/24/2013 1:22:19 PM