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January 04, 2000

January 04, 2000p> 

 

MINUTES OF THE REGULAR MEETING OF

THE SAN FRANCISCO RESIDENTIAL RENT

STABILIZATION & ARBITRATION BOARD,

Tuesday, January 4, 2000 at 6:00 p.m. at

25 Van Ness Avenue, Suite 70, Lower Level

 

 

I. Call to Order

President Wasserman called the meeting to order at 6:05 p.m.

II. Roll Call

Commissioners Present: Becker; Bierly; Gruber; Hobson; Justman; Lightner; Marshall; Mosser; Wasserman.

Staff Present: Wolf.

Commissioner Murphy appeared on the record at 6:10 p.m.

III. Approval of the Minutes

MSC: To approve the Minutes of December 21, 1999 with the following correction: under Director’s Report, the legislation sponsored by Supervisor Ammiano would raise relocation payments to low-income tenants displaced pursuant to an Ellis eviction to $4,500.00. However, the $3,000 payment to elderly and disabled tenants is already required by the Ordinance.

(Lightner/Gruber: 5-0)

IV. Remarks from the Public

Marcella Barron, a tenant involved in the case at 4220 Cesar Chavez (U001-57R thru -68R) informed the Board that the tenants’ attorney was unable to appear at the meeting due to prior commitments. She referred to several contentions in the tenants’ appeal, and informed the Commissioners that she has not received several of the recently mailed documents in the case.

V. Consideration of Appeals

A. 765 Sutter St. #206 U001-41R

(cont. from 11/9/99)

The landlord’s petition for certification of the costs of new kitchen vinyl floors and seismic upgrading of the building to 17 of 24 units was granted, resulting in a monthly passthrough in the amount of $49.43. One tenant appealed the decision on the grounds of financial hardship. Consideration of this appeal was continued from the meeting on November 9, 1999 in order for staff to advise the tenant that a co-tenant, currently away from the unit, must also file a Hardship Application.

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

B. 2244 - 2252 15th St. U001-44A

The landlords’ petition for certification of the costs of seismic retrofit of the building and addition of a residential and commercial parking garage was granted, in part. On appeal, the landlords claim that: the garage should not be considered a separate unit for purposes of allocation of the retrofit costs, because the estimator already removed the costs of creating the parking area when valuing the retrofit work; and the parking area is also used as a basement, and therefore is of benefit to the tenants;

MSC: To deny the appeal except to remand the case to the hearing officer for a Technical Correction regarding the effective date of the notices of rent increase. (Marshall/Becker: 3-2; Gruber, Lightner dissenting)

C. 4220 Cesar Chavez U001-57 thru -68R

The landlord’s petition for certification of capital improvement costs to 26 out of 36 units was granted, in part. Twelve tenants appeal the decision, asserting that: certain items of work were waived by the landlord at the hearing, but the costs were certified in the decision; alarms on the roof doors were not installed until after the date of the hearing; documentary evidence provided by the tenants in a prior decrease in services case prove that the work was necessitated by the current landlord’s deferred maintenance; discrepancies in the estimator’s report undermine the credibility of the entire report; and, to be consistent with the prior case, the fire escapes should be considered common area improvements.

MSC: To recuse Commissioner Becker from consideration of this case. (Becker/Lightner: 5-0)

MSC: To accept the appeals and remand the case to the hearing officer on the record to determine: which, if any, of the capital improvements were waived by the landlord at the hearing; whether the evidence that the roof door alarms were not installed as of the date of the hearing stands alone, or whether it needs corroboration; and to examine whether the fire escape retrofit should be treated as a common area improvement. (Marshall/Hobson: 5-0)

D. 105 Grattan St. U001-42A

The tenant’s petition alleging an unlawful rent increase was granted, and the Master Tenant was found liable to the tenant in the amount of $372.00. The Master Tenant and tenant had resided in the unit with one other occupant. When that occupant moved out, the Master Tenant decided to restrict the occupancy of the unit to two persons only, and raised the tenant’s rent to reflect a payment of 1/2 rather than 1/3 of the rent (a 49% rent increase). The Master Tenant bases her appeal on contradictions between statements made by the hearing officer at the hearing, and the ultimate Conclusions of Law reached in the Decision; alleges that both parties benefited by having fewer people living in the unit; and maintains that if the tenant had not agreed to pay the increased amount, the Master Tenant would have found another place to live.

MSC: To deny the appeal. (Gruber/Lightner: 5-0)

E. 2250 - 31st Ave. U001-54R

The tenant’s petition alleging an unlawful increase in rent from $883.15 to $1,750.00 based on Costa-Hawkins was denied. The subject premises is a single family dwelling with a non-conforming in-law unit. Since the entire premises was rented to the tenant, and the tenant converted the downstairs room into a day care center, the hearing officer determined that the property is exempt from Rent Board jurisdiction because it is alienable separate from the title to any other dwelling unit and the tenancy commenced after January 1, 1996. On appeal, the tenant claims that, since there are two units in the building, it is not exempt and the increase is unlawful.

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

F. 1550 Fillmore St. #500 U001-55R

The landlords’ petition for certification of capital improvement costs to 15 out of 52 units was granted, in part. 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. (Becker/Marshall: 5-0)

G. 1674 - 22nd Ave. U001-45A

The tenants’ petition alleging an unlawful increase in rent was granted and the landlords were found liable to the tenants in the amount of $6,433.18. On appeal, the landlords claim that: the landlord who had knowledge of the facts was sick on the day of the hearing and could not appear; the $85.00 rent increase was actually a charge for the garage that the tenants had failed to pay for four years; and the decision contains inaccuracies put forward as facts by the tenants.

MSC: To deny the appeal. (Becker/Marshall: 5-0)

H. 1010 Bush St. #105 U001-56R

The tenant’s appeal was filed thirteen days late because the person who had the additional evidence that the tenant needed was out of town.

MSC: To find good cause for the late filing of the appeal. (Becker/Marshall: 5-0)

The tenant’s petition alleging an unlawful increase in rent and substantially decreased housing services was granted and the landlord was found liable to the tenant in the amounts of $1,059.39 and $305.46 respectively. On appeal, the tenant submits additional evidence that purports to demonstrate long-term notice to the landlord regarding the conditions in her unit.

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

I. 362 Pierce St. U001-43A

The landlords’ petition for certification of capital improvement costs to all six units in the building was granted, in part. Additionally, a determination was made that, since the landlords had accepted rent from one of the tenants in the unit for five months prior to serving her with a notice pursuant to Rules Section 6.14, they could not increase the rent to "market" now that the last of the original tenants has vacated the unit. On appeal, the landlords submit an itemized breakdown per unit regarding the structural pest work and receipts for the cost of low-flow toilets, which costs were found to be insufficiently documented by the hearing officer. On appeal, the landlords also claim that they served the tenant with a 6.14 notice within 60 days of her moving into the unit, although the tenant says that she did not receive the notice.

MSC: As to the landlord’s appeal in Case No. L980201, regarding certification of capital improvement costs: to remand the case to the hearing officer to consider the additional evidence regarding the cost of the low-flow toilets; and to allocate costs of the pest work that is structural to all units, even if the work was done in individual units. A hearing will be held only if necessary. (Lightner/Gruber: 5-0)

MSF: As to the landlord’s appeal in Case No. L980194 regarding a 6.14 determination: to deny the appeal. (Becker/Marshall: Gruber, Lightner, Justman dissenting)

MSC: As to the landlord’s appeal in Case No. L980194 regarding a 6.14 determination: to accept the appeal and remand the case to the hearing officer for a new hearing on the issues of waiver and estoppel and with instructions that the 5-month time period is not dispositive. (Justman/Lightner: 3-2; Becker, Marshall dissenting)

VI. Communications

The Board received a draft copy of the Appeal Decision regarding the case at 1935 Franklin Street #503 (T001-70A), heard and decided on October 19, 1999, for possible approval at the January 18th meeting. The Board also received a new copy of the Rules and Regulations, with amended Section 6.15.

VII. Director’s Report

Deputy Director Wolf informed the Board that Executive Director Grubb was ill.

IV. Remarks from the Public (cont.)

The landlords involved in the case at 1674 - 22nd Ave. (U001-45A) asked what happens if someone disagrees with the Board’s disposition of an appeal, and also asked how a landlord can communicate with their tenants. An individual said that his parents are giving him a one-half interest in a building so that he can move in, and asked how he should go about it.

VIII. Calendar Items

January 11, 2000 - NO MEETING

January 18, 2000

9 appeal considerations

6:30 Appeal Hearing: 2490 Bryant St. T001-81A

(rescheduled from 12/7/99)

IX. Adjournment

President Wasserman adjourned the meeting at 8:15 p.m.

Last updated: 10/9/2009 11:26:12 AM