December 03, 1996

President Becker called the meeting to order at 5:45 p.m.

Commissioners Present: Becker; Gruber; Lightner; Marshall; Mosser; Wasserman.

Commissioners not Present: Bierley; Moore; Murphy; Palma.

Staff Present: Wolf.

MSC: To approve the Minutes of November 19, 1996.

(Marshall/Wasserman: 5-0)

Robert Pender of the Tenants’ Network informed the Board members that pending legislation regarding amendments to Ordinance Section 37.9(a)(8) pertaining to owner move-in evictions will go before the full Board of Supervisors on Monday, December 9th. Landlord Glen Hildebrand asked whether the Board had available statistical information pertaining to the number of evictions for owner occupancy.

1. 726 Fillmore St. #2 R001-57R

   The tenant’s petition alleging a substantial decrease in housing services without a corresponding decrease in rent was dismissed due to her failure to appear at the properly noticed hearing. On appeal, the tenant explains that she had sent in a written request for arbitration instead of mediation, and therefore assumed that the scheduled mediation session would be taken off calendar.

   MSC: To accept the appeal and remand the case for a new hearing. (Marshall/Gruber: 5-0)

2. 1190 York St. R001-58R

   The tenant’s petition alleging the landlord’s failure to repair was dismissed due to her failure to appear at the properly noticed hearing. On appeal, the tenant claims that she did not receive the Notice of Hearing, and attaches a supporting Declaration of Non-Receipt of Notice of Hearing.

   MSC: To accept the appeal and remand the case for a new hearing. (Wasserman/Marshall: 5-0)

3. 1690 North Point #104 R001-25A

   The tenant’s petition alleging an unlawful increase in rent was granted. A $60.00 charge for motorcycle parking which had previously been included in the rent was ordered refunded, resulting in the landlord being held liable to the tenant in the amount of $360.00. On appeal, the landlord asserts that the hearing officer placed too much weight on a letter from the prior building manager with whom he was on bad terms; and that there was conflicting testimony as to where the tenant had traditionally parked his motorcycle.

   MSC: To deny the appeal. (Marshall/Wasserman: 3-2; Gruber, Lightner dissenting)

4. 901 Pine St. R001-59R

   The tenant’s petition alleging substantially decreased housing services was dismissed due to her failure to appear at the properly noticed hearing. On appeal, the tenant alleges that she failed to receive the Notice of Hearing, and attaches the requisite Declaration.

   MSC: To accept the appeal and remand the case for a new hearing; staff will attempt to accommodate the landlord in re-scheduling. (Marshall/Wasserman: 5-0)

The Commissioners received a letter from Walter Johnson, Secretary of the San Francisco Labor Council, encouraging them to be particularly generous with their charitable contributions this Holiday Season.

The Commissioners briefly discussed whether the passage of Assembly Bill 3244 (Hawkins) necessitated any further amendments to Rules and Regulations Section 6.14. Commissioner Wasserman questioned whether Section 4 of the Rules, pertaining to rent increases not requiring approval from the Board, should also be amended to reflect the fact that a change in roommates can be grounds for rent increase under certain circumstances. Deputy Director Wolf will contact Deputy City Attorney Amy Ackerman and ask her to contact Commissioner Wasserman to discuss this issue and report back to the full Board.

Landlord Glen Hildebrand expressed his opinion that Rules Section 6.14 is so confusing that it should be "thrown out." He also commented that, in their determination of an appeal on tonight’s calendar, the Board had sent a message to landlords that favors done for tenants will come to be viewed as "housing services." A landlord in attendance inquired as to whether one could file a petition for a determination as to whether vacancy decontrol had been triggered in a revolving roommate situation.

December 10, 1996 - NO MEETING

December 17, 1996 (6:00 p.m.)

5 appeal considerations

Old Business:

1. Rules and Regulations Section 6.14 (Assembly Bill 3244)
   
2. Artist Live/Work Policy

The Board’s Christmas Party will be held at the home of Commissioner Wasserman on December 22nd at 4:00 p.m.

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