February 06, 1996

I. Call to Order

President L. Becker called the meeting to order at 5:40 p.m.

II. Roll Call

Commissioners Present: L. Becker; Hayden; Marshall; Nash.
Commissioners not Present: B. Becker; Gruber; Lightner; Wasserman.
Staff Present: Grubb; Wolf.

Commissioner How appeared on the record at 6:12 p.m.

III. Approval of the Minutes

MSC: To approve the Minutes of January 16, 1996.
(Marshall/Hayden: 4-0)

IV. Consideration of Appeals

A. 205 - 9th St. #18 Q001-30A
(cont. from 1/16/96)

The property at issue was in receivership at the time of the hearing on the tenant’s petition. Three months after the issuance of the Decision of Hearing Officer, an attorney representing the landlord wrote a letter requesting an appeal form. Two and one-half months later, the landlord filed the appeal. He stated that his extreme lateness in filing is due to the fact that he is going through a divorce and has filed for bankruptcy. Staff contacted the landlord and requested that documentation of the bankruptcy filing be provided. The landlord stated that he would turn the matter over to the attorney handling his bankruptcy. It was the consensus of the Board to continue this matter to the next meeting in order to provide the landlord with a chance to furnish the requested information, which he failed to do.

MSC: To find no good cause for the late filing of the appeal. The Decision of Hearing Officer is therefore final. (Hayden/Marshall: 4-0)

B. 4245 Judah St. #6 & #9 Q001-31A
(cont. from 1/16/96)

Two tenant petitions alleging a substantial decrease in housing services because of limitations on access to parking spaces were granted, and the landlord was found liable to each tenant in the amount of $1,100.00 or $50.00 per month. The landlord appealed, asserting that prior to the hearing, the tenants in the building who were the major cause of the problem had been evicted, the problem therefore had been greatly ameliorated, and the amount granted should be reduced accordingly. The landlord also believes that he should not be penalized due to the late issuance of the decision, and asserts that the reduced amount of rental income will present a hardship for him. This matter was continued from the meeting on January 16, 1996 in order to staff to contact the landlord and see if he wished to pursue a hardship appeal, which he did not.

MSC: To deny the appeal. (Marshall/Hayden: 4-0)

C. 50 Palm Ave. #2 Q001-33A

The landlord’s petition for certification of capital improvement costs was granted, in part, by the hearing officer. The costs of exterior painting of the building were disallowed for one unit because of the 6-month limitation contained in Rules and Regulations Section 7.12(b). On appeal, the landlord argues that the "6-Month Rule" should not apply, because the hearing officer relied on the date that the contractor’s proposal for the work was dated, and not the date that the work on the project commenced.

MSF: To deny the appeal. (Marshall/L. Becker: 2-2; Hayden, Nash dissenting)

V. Communications

The Commissioners received the following communications:

A. The monthly workload statistics for November and December, 1995.

B. A copy of Fact Sheet #6, "Tenant Petition Preparation Tips".

VI. Old Business

The Board had anticipated a discussion of the Costa-Hawkins Bill (AB 1164), specifically possible amendments to Section 6.14 of the Rules and Regulations in order to conform that section to the new requirements of State law. In the absence of draft language, this issue was continued to the next meeting.

VII. Remarks from the Public

Robert Pender of the Tenants’ Network announced a meeting of the Campaign for Renters’ Rights in East Palo Alto on Saturday, February 10th, at 10:30 a.m. A landlord in the audience inquired as to the Board’s policies regarding rent increase limitations on garages in residential buildings.

VIII. New Business

The Commissioners present expressed their support for suggested changes to Rent Board procedures pertaining to Proof of Service, the mailing of tenant petitions and Administrative Dismissals suggested by Senior Hearing Officer Sandra Gartzman. Staff will begin drafting necessary changes to the Rules and Regulations for the Board’s consideration at a future meeting.

IV. Consideration of Appeals (cont.)

C. 50 Palm Ave. #2 Q001-33A (cont.)

Due to the arrival of Commissioner How at the meeting, this matter was reconsidered. After discussion, the Board passed the following motion:

MSC: To accept the landlord’s appeal and remand the case to the hearing officer on the record with instructions to determine the applicability of Rules and Regulations Section 7.12(b) based on the date that work on the project commenced, and not the date that the contract for the work was signed. (How/Hayden: 3-2; L. Becker, Marshall dissenting)

IX. Calendar Items

February 13, 1996 - NO MEETING

February 20, 1996
1 appeal consideration
Old Business:
A. Costa-Hawkins Bill (AB 1164)
B. Proposed Procedural and Rules Changes regarding Proof of Service, Mailing of Tenant Petitions and Administrative Dismissals

X. Adjournment

President L. Becker adjourned the meeting at 6:45 p.m.