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February 02, 1999

February 02, 1999B>

 

 

 

MINUTES OF THE REGULAR MEETING OF
THE SAN FRANCISCO RESIDENTIAL RENT
STABILIZATION & ARBITRATION BOARD,

Tuesday, February 2, 1999 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 6:12 p.m.
II. Roll Call
Commissioners Present: Becker; Bierly; Gruber; Justman; Lightner; Murphy; Wasserman.

Commissioners not Present: Marshall.

Staff Present: Grubb; Wolf.

Commissioner Mosser appeared on the record at 6:25 p.m.; Commissioner Moore arrived at 6:30 p.m.; and Commissioner Justman went off the record at 7:45 p.m.

III. Remarks from the Public A tenant in the audience asked several questions regarding provisions of the Rules and Regulations pertaining to capital improvement passthroughs and rent increases based on increased operating expenses. He expressed his belief that a new owner should not be allowed to compare their expenses with those of a previous owner. A tenant stated that capital improvement passthroughs should be abolished, or split 50-50 between the landlord and tenant. She also suggested that a sign be put up on the Board’s meeting room, so that it is easier for the public to find. Another tenant told the Board that she is overwhelmed by the prospect of defending against a capital improvement passthrough for a building of approximately 70 units. IV. Old Business
Costa-Hawkins (Civil Code Section 1954.53)
The Board continued their discussion of issues associated with the implementation of the Costa-Hawkins Rental Housing Act of 1995, along with Deputy City Attorney Marie Blits. Ms. Blits went through the re-draft she had done of suggested amendments to the Rent Ordinance and proposed Rules and Regulations as the result of the Board’s input at the January 5th meeting. Toward the end of the discussion, it appeared that the following issues remained unresolved: whether "anniversary dates" will still apply to units otherwise exempt pursuant to Costa-Hawkins; how to treat rooms in a single family dwelling that are not separately alienable, but are rented out as separate rental units; the exemption for Artist Live/Work units contained in Rules Section 1.17(g), which adds a requirement that there had been no residential tenancy between June 13, 1979 and the date of issuance of the Certificate of Occupancy, whereas Costa-Hawkins appears to mandate exemption if the Certificate was issued after February 1, 1995; the issue of vacancy control or vacancy decontrol/recontrol when prior tenancies were terminated pursuant to 30-day notice or when there are long-standing health and safety violations on the premises; and the Sections of Costa-Hawkins that pertain to subletting and assignment, and how these relate to Rules and Regulations Section 6.14. It was suggested that the landlord and tenant communities each draft suggested language on certain of these issues; Ms. Blits graciously offered her assistance. Discussion of these matters will be continued at the Board meeting on March 16th or, at a Special Meeting on March 9th, if necessary. V. Communications The Board received the following communications:
  A. A letter from Ted Gullickson of the Tenants’ Union advising the Board that the Tenants’ Union disagrees with the interpretation from the Office of the City Attorney that the passage of Proposition G on the ballot changed the ownership interest required for owner-occupancy eviction back to 25% from the 50% requirement contained in the Bierman legislation; Rent Board staff will advise the public that there is a difference in interpretation on this issue.

B. The office workload statistics for the month of November.

C. A laudatory letter to the Mayor from a tenant who recently faced eviction, and received competent and professional assistance from several members of the Rent Board staff; and a follow-up letter from Executive Director Grubb to the counseling staff, thanking them for the exemplary service that they provide to the public.

D. Legislation recently introduced by Supervisor Bierman that would require a Conditional Use Permit for the conversion of residential units in buildings of three or more units to non-rental use.

VI. Director’s Report Executive Director Grubb went over proposed budget enhancements for the fiscal year 1999-2000, due to the 79% increase in workload over the last 3 years. In order to reduce the current hearing backlog and provide more timely service to the public, Mr. Grubb is requesting one additional counselor position; four additional permanent hearing officer and three temporary hearing officer positions (two current temporary positions would be made permanent); and an additional Senior Hearing Officer position. In order to fund the new positions, a $5.00 increase in the Rental Unit Fee would be required, but the fee would have to be collected from the interest paid on the security deposit, and landlords would be allowed to "bank" the fee. There was a heated discussion of the mandatory deduction from security deposit interest requirement, as Commissioner Lightner felt strongly that landlords who were currently billing separately for the fee ought not to be penalized. VII. New Business Commissioner Lightner distributed a draft amendment to Rules and Regulations Section 7.14, which would allow a landlord an average of the interest rates actually paid and "reasonably foreseeable" future rates on a variable interest rate loan for capital improvement work, rather than restricting the landlord to the imputed interest rate, which is current policy. This issue will be discussed at the next Board meeting. VIII. Calendar Items February 9, 1999 - NO MEETING

February 16, 1999
 

7 appeal considerations (1 cont. from 1/5/99)

Old Business:
 

A. Interest Rate When Capital Improvement Work is Financed with a Variable Rate Mortgage

B. Rental Unit Fee


New Business: Discussion of Issues Possibly Warranting Amendments to the Ordinance and/or Rules and Regulations

IX. Adjournment President Wasserman adjourned the meeting at 9:15 p.m.

Last updated: 10/9/2009 11:26:13 AM