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January 20, 1998

January 20, 1998B>

 

 

 

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

Tuesday, January 20, 1998 at 6:00 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level

  1. Call to Order

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

  2. Roll Call

    Commissioners Present: Becker; Bierly; Moore; Mosser; Wasserman.
    Commissioners not Present: Lightner; Marshall; Murphy.
    Staff Present: Grubb; Wolf.

    Commissioner Gruber appeared on the record at 6:08 p.m.;
    Commissioner Justman arrived at 6:10 p.m.

  3. Approval of the Minutes

    MSC: To approve the Minutes of January 6, 1998 with the following correction: Commissioner Justman went off the record at 8:40 p.m. rather than 5:40 p.m..
    (Becker/Bierly: 4-0)

  4. Consideration of Appeals

    1. 235 Greenwich St. S001-30A; S001-45R & -49R

      The landlord’s petition for certification of capital improvement costs to the tenants in four units was granted, in part. In addition, the landlord was found liable to the tenant in one unit in the amount of $2,857.78 due to rent overpayments, and notices of rent increase which failed to separate capital improvement costs from the portions of the rent increase reflecting annual and/or banked amounts were found to be defective. The landlord appeals the decision, claiming that: it is unfair to require the landlord to issue new notices of rent increase when the petition was filed in January, 1997, but the Decision of Hearing Officer was not issued until December, 1997; that the landlord did not unlawfully increase the tenants’ rents but, rather, some of the tenants volitionally increased their own rents; and the hearing officer erred as to allowable banked amounts available to the landlord. Two tenants also appeal the decision. Both tenants maintain that their base rent amount is incorrect, as they increased their own rent; one tenant asserts her belief that the roof work did not constitute a capital improvement; and one tenant raises several habitability problems that she has experienced and is currently experiencing regarding her unit and the common areas of the building.

      MSC: To deny the landlord’s and tenants’ appeals except to remand the case for a new hearing on the issue of the rent histories of the tenants in all four units. (Bierly/Becker: 4-0)

    2. 3720 Mission St. #1 S001-43R

      The tenant’s petition alleging substantial decreases in housing services was dismissed due to her failure to appear at the properly noticed hearing. On appeal, the tenant alleges that her mail is being tampered with, and attaches the requisite Declaration of Non-Receipt of Notice of Hearing.

      MSC: To accept the appeal and remand the case for a new hearing. (Becker/Bierly: 4-0)

    3. 1000 Howard St. #305 S001-44R

      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 $20.00 per month due to cockroach infestation; $10.00 per month due to a defective intercom/buzzer system; $30.00 per month due to a lack of heat in the unit; and $20.00 per month due to an unsecured mailbox. On appeal, the tenant claims that the rent reductions granted were not commensurate with the conditions for which they were granted; that the landlord knew upon the tenant’s initial occupancy of the unit that the heat was not operational and, therefore, the rent reduction should go back to that date; and that the noise problem from an adjoining unit was proved and can be proven with additional evidence.

      MSC: To accept the appeal and remand the case to the hearing officer on the record to re-examine the period of time for which a rent reduction was granted due to lack of heat in the unit. (Becker/Justman: 4-0)

    4. 860 Arguello Blvd. S001-31A; S001-47 & -48R

      The landlord’s petition for certification of capital improvement costs was granted, in part. The landlord appeals the decision, alleging that the hearing officer erred in her application of the "6-Month Rule" (Rules and Regulations Section 7.12{b}); and asserting that the costs of replacement windows in a unit not subject to the petition should be allocated to all units because they constituted a structural improvement and contributed to the weatherproofing of the building. The tenants in one unit appeal the decision certifying capital improvement costs, claiming that they failed to receive the Notice of Hearing. Additionally, they appeal the dismissal of their petition alleging substantially decreased housing services due to their failure to appear at the hearing after their request for postponement was denied.

      MSC: To accept the landlord’s appeal and remand the case to the hearing officer on the record for a correction, if necessary, regarding the application of the "6-Month Rule"; to deny the appeal as to all other issues. (Becker/Bierly: 3-1; Gruber dissenting)

      MSC: To deny both tenant appeals. (Gruber/Justman: 4-0)

    5. 640 Clay St. #332 S001-46R

      The tenant’s appeal was filed one day late because the tenant receives his mail at the office of a non-profit service provider, which was closed during the holidays.

      MSC: To find good cause for the late filing of the appeal. (Becker/Justman: 4-0)

      The tenant’s petition alleging a substantial decrease in housing services was dismissed due to his failure to appear at the properly noticed hearing. On appeal, the tenant claims that he failed to receive the Notice of Hearing because he had no access to his mail, and attaches the requsite Declaration of Non-Receipt of Notice of Hearing.

      MSC: To accept the appeal and remand the case for a new hearing. (Becker/Gruber: 4-0)

  5. Communications

    In adition to correspondence concerning cases on the calendar, the Commissioners reviewed a letter to the landlord involved in the eviction case at 122 Baker Street (S003-17E), which was approved and signed by Vice-President Wasserman:

    MSC: To approve the letter drafted by staff pursuant to the Recommendation of Hearing Officer in this matter. (Becker/Bierly: 4-0)

    Regarding the eviction case at 1133B Green Street (R007-43E), staff reported that since the issuance of the hearing officer’s Recommendation, the landlord has persisted in his attempts to evict the tenants. Therefore, relevant changes were suggested that will be added to the draft letter to the landlord, after which it will be signed by Vice-President Wasserman, and the following motion was passed:

    MSC: To refer this matter to the District Attorney for investigation into possible criminal prosecution and to the Department of Building Inspection because of questions regarding the sufficiency and appropriateness of the permit issued to the landlord. (Becker/Gruber: 4-0)

  6. Director’s Report

    Executive Director Grubb informed the Commissioners that a "Call-Back" feature has been added to the agency’s counseling lines. After a caller has been on hold for approximately five minutes, they are given the option of leaving their phone number and a window of time during which they wish to be called back by a counselor.

  7. Old Business

    Due to the absence of Commissioners Marshall and Lightner, the Board’s discussion of proposed additions to the Rules and Regulations pertaining to changes in roommates and "Master Tenants" was continued to the February 3rd meeting. The Board’s discussion of necessary amendments to the Rules and Regulations in order to implement amendments to the Rent Ordinance pertaining to Owner Move-In Evictions was continued until such time as the Board receives guidance on this issue from the Office of the City Attorney.

  8. Remarks from the Public

    Alfred Goodwin inquired as to whether the Rent Board’s new database will be on the Internet when in comes on line. He also informed the Commissioners that there are capital improvement petitions that he filed eight or nine months ago that have yet to be scheduled for hearing.

  9. New Business

    Executive Director Grubb went over the proposed departmental budget for fiscal year 1998/99, and explained proposed changes, including: upgrading the office’s three clerical positions from 1424 and 1426 Clerk to that of 1446 Clerk; adding a Legal Secretary position; adding one permanent full-time hearing officer position and one temporary half-time position for six months; minor enhancements to the database; and a new copier. Mr. Grubb reported that, even with these additions, an increase in the rental unit fee will not be necessary. The Commissioners then passed the following motion:

    MSC: To approve the proposed departmental budget for fiscal year 1998/99. (Justman/Gruber: 4-0)

  10. Calendar Items

    January 27, 1998 - NO MEETING

    February 3, 1998
    2 appeal considerations
    Old Business:

    1. Continued Discussion of Proposed Additions to the Rules and Regs. Pertaining to Changes in Roommates and "Master Tenants"
    2. Discussion of Necessary Amendments to the Rules and Regs. in Order to Implement Amendments to the Ordinance Pertaining to Owner Move-In Evictions
    New Business: Calculation of Imputed Interest Rate

  11. Adjournment

    Vice-President Wasserman adjourned the meeting at 7:40 p.m.

Last updated: 10/9/2009 11:26:14 AM