April 30, 1996

I. Call to Order

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

II. Roll Call

Commissioners Present: Becker; Bierly; Gruber; Lightner; Moore; Mosser; Murphy; Palma; Wasserman.
Staff Present: Grubb; Wolf.

Commissioner Marshall appeared on the record at 5:50 p.m.

III. Approval of the Minutes

MSC: To approve the Minutes of April 16, 1996.
(Bierly/Palma: 5-0)

IV. Old Business

A. 1000 Howard St. #212 Q001-46A
(considered 4/16/96)

The tenant’s petition alleging substantial decreases in housing services was granted, in part, and the landlord was found liable to the tenant in the amount of $1,058.00 due to habitability defects on the premises. The landlord had failed to appear at the properly noticed hearing. On appeal, the landlord submitted a Declaration under Penalty of Perjury attesting to the fact that the property manager for the premises had been out of the country prior to the mailing of the Notice of Hearing and did not return until after the hearing had been held. At their meeting on April 2, 1996, the Commissioners continued this matter in order to obtain a Declaration from the property manager, which was to be submitted no later than noon on April 16, 1996. As no such Declaration was received by the meeting on April 16th, the Commissioners voted to deny the landlord’s appeal.

On April 17th, the Deputy Director received a packet containing the requested Declaration, showing that it had been timely delivered to another office in the building. In light of this mistake on the part of the postal service, the Commissioners passed the following motion:

MSC: To accept the landlord’s appeal and remand the case to the same hearing officer to make a threshold determination regarding the credibility of the alleged conversation wherein the tenant purportedly stated that he was going to withdraw his petition; and, based on such determination, to uphold the original Decision of Hearing Officer or go forward with a new hearing. (Marshall/Palma: 5-0)

B. Costa-Hawkins Bill: AB 1164

The Commissioners discussed the provisions of the Costa-Hawkins Bill (AB 1164) with Deputy City Attorneys Mariam Morley and Mary Hurley. The focus of the discussion was the extent to which Rules and Regulations Section 6.14 must be modified in order to conform to the new requirements of State law, especially with regard to the notice provisions. Several of the Commissioners expressed their desire to have the City Attorney review a draft proposal authored by prior Commissioner Jonathan Hayden, subsequently amended, and issue an opinion as to its legal adequacy. The following motion was passed and the issue was continued to the meeting on June 4, 1996:

MSC: To get an opinion from the City Attorney regarding whether the amendments to Rules and Regulations Section 6.14 suggested by prior Commissioner Jonathan Hayden, with certain modifications, would be sufficient to bring Rules Section 6.14 into conformity with the requirements of the Costa-Hawkins Bill (AB 1164). (Marshall/Palma: 5-0)

V. Communications

The Commissioners received a copy of a letter to the State Bar regarding the conduct of an attorney involved in the eviction case at 474 - 19th Ave. (Q001-36E). Staff will incorporate two suggestions offered by the Commissioners and provide a re-draft for President Becker’s signature at the next meeting.

VI. Director’s Report

Executive Director Grubb reminded those Commissioners who have not yet turned in their Form 730 Statement of Economic Interest forms to do so. He informed the Commissioners that a packet of informational materials regarding the Rent Board’s new mediation project has been sent to representatives of the tenants’ and landlords’ communities. After input and recommendations have been received and incorporated, this will be brought before the Board for approval around the first or second week in June.

VII. Calendar Items

May 7, 1996
6 appeal considerations (1 re-scheduled from 4/2/96)
Old Business: Proposed Amendments to Rules Section 10.10

May 14, 1996 - NO MEETING

VIII. Adjournment

President Becker adjourned the meeting at 7:50 p.m.