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March 30, 1999

March 30, 1999p> 

 

 

MINUTES OF THE REGULAR MEETING OF
THE SAN FRANCISCO RESIDENTIAL RENT
STABILIZATION & ARBITRATION BOARD,
Tuesday, March 30, 1999 at 6:00 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level

I. Call to Order

Vice-President Marshall called the meeting to order at 6:07 p.m.

II. Roll Call

Commissioners Present: Lightner; Marshall; Moore; Mosser; Murphy.
Commissioners not Present: Becker; Bierly; Wasserman.
Staff Present: Grubb; Wolf.
Commissioner Gruber appeared on the record at 6:09 p.m.; Commissioner Justman arrived at 6:12 p.m.
III. Approval of the Minutes MSC: To approve the Minutes of March 16, 1999.
(Lightner/Mosser: 4-0)
IV. Consideration of Appeals
    A. 36 Divisadero St. T001-43A
The tenant’s petition alleging unlawful rent increases was granted and the landlord of this Proposition I Affected Unit was found liable to the tenant in the amount of $7,858.00. On appeal, the landlord asserts: that the increase was lawful at the time it was given; that it was issued prior to the retroactive rollback provisions of Proposition I; and that it is an impermissible penalty to declare a rent increase invalid if it was proper at the time of service of the notice of rent increase.

Since the landlord attorney’s brief had not been mailed to the tenants in time for them to respond, consideration of this case was continued to the next meeting.

B. 1582 - 22nd Ave. T001-42A

The landlords’ petition for rent increase based on comparable rents was denied because the hearing officer found that the landlords had not proved that they had set the rent for the unit very low due to a special relationship they had with the tenants. Additionally, the landlords was found liable to the tenants in the amount of $3,138.00 due to unlawful rent increases. On appeal, the landlords claim that the hearing officer: erred in her calculation of rent overpayments in that Rules Section 1.12(b) permits a 4% increase, rather than 1.6%, during the time period in question; erred in finding that the rent was not set and kept low; should have taken into account capital improvements made to the property; gave no weight to the special relationship between the landlords and the tenants; ignored objective evidence regarding the condition of the premises, believing the tenants without support; was biased against the landlord and issued a decision not consistent with prior decisions of the Board. The landlord also asserts that the Board should have provided the landlord with a "mandatory landlord hardship petition."
 

MSC: To accept the appeal and remand the case to the hearing officer in order to properly apply Rules and Regulations Section 1.12(b); and to consider the landlord’s allegation that this is a furnished unit in the comparables analysis. A hearing will be held only if necessary. (Lightner/Gruber: 5-0)

C. 3374 - 22nd St. T001-41A


The tenants’ petition alleging decreased housing services was granted, in part, and the landlord was found liable to the tenants in the amount of $5,441.00 due to habitability defects on the premises. Additionally, a rent increase based on the landlord’s contention that no original tenants continued to reside in the unit was found to be null and void, and the landlord was found liable for rent overpayments in the amount of $4,500.00. The landlord appeals the decision, claiming that: the hearing officer exhibited bias against the landlord and granted rent reductions that were excessively punitive; the problem with the doorbell buzzer was the result of one of the tenants’ having cut the wires, which should impeach the credibility of that tenant and her claim to being an "original tenant"; the tenants contacted the Dept. of Building Inspection in retaliation for the landlord’s having issued a 6.14 notice and subsequent rent increase; there should have been greater consideration given to the landlord’s medical condition; the handrail on the stairs was removed without the landlord’s knowledge or consent, and constructive notice should not be imputed since the stairs in question are located at the rear of the building; and the tenants’ notice to a court-appointed receiver of the problem with the defective thermostat on the heater should not be imputed to them, because a receiver is an agent of the courts, and not the owners.
MSC: To recuse Commissioner Lightner from consideration of this case. (Mosser/Gruber: 5-0)   MSF: To deny the appeal. (Marshall/Moore: 2-3; Gruber, Justman, Murphy dissenting)

MSC: To accept the appeal and remand the case to the hearing officer only on the issue of the rent reductions for the heater and handrail: the amounts granted shall only apply to tenant(s) who were in residence during the period of time the services were decreased, based on the length of time they were on the premises and the proportion of the rent that they paid. (Justman/Murphy: 4-1; Moore dissenting)

D. 743 Silliman St. T001-44A


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 $4,535.00 due to serious habitability problems on the premises. On appeal, the landlord claims that she did not appear on the hearing because she had two deaths in the family, and asks for an opportunity to present her side of the story.

MSC: To accept the appeal and remand the case for a new hearing. (Lightner/Gruber: 5-0)
E. 95 Grandview Ave. #3 T001-46A


The tenant’s petition alleging unlawful increases in rent was granted and the landlord was found liable to the tenant in the amount of $1,398.84. On appeal, the landlord claims that, since he refunded the actual amount of the overcharge, it is unfair that a year later the entire amount of the increase was found to be null and void; that, when she agreed to pay an additional $15.00 for permission to have a cat, the tenant had also agreed that the rent dispute was resolved; there is an error in the decision regarding the amount of the rent; and the overcharge was an honest mistake, because the allowable annual increase had been 4% for so many years.
  MSC: To deny the appeal except to correct the amount owing from the landlord to the tenant to $1,276.12 due to the tenant having vacated the unit prior to issuance of the decision. (Marshall/Justman: 5-0)
 
    F. 730 Stockton St. #43 T001-45A
The tenant’s petition alleging unlawful rent increases due to the landlord’s failure to discontinue a capital improvement passthrough and the inclusion of such passthrough in the calculation of annual rent increases was granted and the landlord was found liable to the tenant in the amount of $3,134.92. On appeal, the landlord claims that: the tenant failed to meet his burden of proof, in that he provided only canceled checks in support of his petition, and not the actual notices of rent increase; the tenant lacks credibility in that he has lied or failed to submit evidence not favorable to his claim; the three-year limitation on the refund of rent overpayments should also apply to failure to discontinue a capital improvement passthrough; there are calculation errors in the decision and the landlord is being penalized twice for the same mistake; and the hearing officer has exhibited bias against the landlord.
  MSC: Based on the facts of this case only, to accept the appeal and remand the case to the hearing officer on the record to find that the rent increase given in September, 1990 is not null and void if the total amount of the rent increase does not exceed the total of the prior base rent times the actual percentage rent increase given plus the capital improvement passthrough, even if the notice is technically defective.   (Lightner/Gruber: 4-1; Moore dissenting)

G. 2450 Lake St. #2 T001-49R

The landlord’s petition for certification of capital improvement costs for five of six units was granted, resulting in a passthrough in the amount of $26.48 per month. One tenant appeals the decision on the grounds that the costs should not have been equally allocated to all units in the building, because some units are larger than others; and claiming that he should have been allowed to examine the landlord’s original documents, since the copies submitted could have been falsified.
 

MSC: To deny the appeal. (Lightner/Gruber: 5-0)
 
    H. 909 Geary St. #608
The tenant’s petition alleging decreased housing services was dismissed due to his failure to appear at the properly noticed hearing. On appeal, the residential hotel tenant claims that his mail has been stolen, and submits a Declaration of Non-Receipt of Notice of Hearing.
  MSC: To accept the appeal and schedule the case for a new hearing. (Lightner/Gruber: 5-0)
V. Communications In addition to correspondence concerning cases on the calendar, the Commissioners received the office workload statistics for the month of February. VI. Director’s Report Executive Director Grubb reminded the Commissioners that the Form 730 Statement of Economic Interests are due to the Ethics Commission on April 1st. VII. Calendar Items

April 6, 1999

    8 appeal considerations (1 cont. from 3/30/99)
    Old Business: Non-Residential Use of a Unit
    April 13, 1999 - NO MEETING
VIII. Adjournment Vice-President Marshall adjourned the meeting at 8:00 p.m.
 

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