June 09, 1998

President Wasserman called the meeting to order at 6:02 p.m.

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

MSC: To approve the Minutes of May 19, 1998.
(Gruber/Marshall: 5-0)

The tenant involved in the case at 533 Page Street (S001-49A) informed the Board that the police report that was filed by the Master Tenant contained false allegations and that she is "not into making violent threats against her landlord."

The landlord in the case at 505 - 36th Ave. #1 (S001-84R) said that the description of the case on the Agenda did not match the tenant’s appeal.

1. 1337 California St., Apt. #2 S001-46A

   The landlord’s petition for certification of capital improvement costs was granted. The landlord was found liable to the tenant in one unit in the amount of $513.91 due to an annual increase having been given prior to twelve months of occupancy. On appeal, the landlord asserts that the move-in date listed on the petition and relied on by the hearing officer was in error.

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

2. 145 Vicksburg St. S001-47A

   The tenants’ petition alleging unlawful increases in rent was granted and the landlord was found liable to the tenants in the amount of $3,400.00 due to a renegotiation of the lease upon the original tenant’s having vacated the unit. On appeal, the landlord asserts that the hearing officer erred in stating that there was not a no subletting and assignment clause in the lease for the premises.

   MSC: To grant the landlord’s appeal and remand the case to the hearing officer to correct the Finding that the lease did not contain an absolute prohibition against subletting, and, if appropriate, to determine that a new tenancy had been created and therefore deny the tenants’ petition alleging unlawful rent increase. (Murphy/Gruber: 3-2; Becker, Marshall dissenting)

3. 117A Bartlett St. S001-48A

   The tenant’s petition alleging unlawful increases in rent was granted and the landlord was found liable to the tenant in the amount of $541.24. On appeal, the landlord claims that inclusion of the costs of parking would change the overpayment calculations.

   MSC: To accept the appeal and remand the case for a new hearing on the issue of parking charges and to correct the calculation of rent overpayments, if necessary. (Murphy/Marshall: 5-0)

4. 505 - 36th Ave. #1 S001-84R

   The landlord’s petition for a rent increase based on the Past Rent History of a Proposition I Affected Unit was granted. On appeal, the tenant claims that the hearing officer exhibited bias towards the landlord and that the rent should be reduced due to harassment on the part of the landlord.

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

5. 1104 Stockton St. #205 S001-86R

   The tenant’s appeal was filed two days late because the tenant failed to understand the magnitude of the rent increase granted by the hearing officer until receipt of notice of rent increase from the landlord.

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

   The landlord’s petition for certification of capital improvement costs was granted, resulting in a passthrough in the amount of $107.39 to the tenants in 8 units. One tenant appeals 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/Gruber: 5-0)

6. 1530 Grant Ave. S001-85R

   The landlords’ petition for certification of capital improvement costs to the tenants in two units was granted, in part. The tenants in one unit appeal the decision on the basis of financial hardship.

   MSC: To accept the appeal and remand the case for a hearing on the tenant’s claim of financial hardship. (Marshall/Gruber: 5-0)

7. 533 Page St. S001-49A

   The tenants’ petition alleging a substantial decrease in housing services due to lack of heat was granted and rent reductions in the amount of $3,150.00 were ordered. Additionally, the Master Tenant of the unit was found to have charged the sub-tenants rents in excess of those being paid to the landlord, and was held liable for rent overcharges in the amount of $10,800.00. On appeal, the Master Tenant objects to the hearing officer’s "self-serving and false allegations" regarding the demeanor of his representative at the hearing, and the "threats" and "criminal conduct" of the subtenants.

   MSC: To recuse Commissioner Murphy from consideration of this appeal. (Marshall/Gruber: 5-0)

   MSC: To deny the appeal. (Gruber/Becker: 4-0)

Executive Director Grubb informed the Board that all items in the proposed budget for next year were approved except for a rate increase for the Commissioners. The Budget Analyst’s Office has, however, questioned the additional permanent Hearing Officer position. The Departmental Budget Hearing will be on Tuesday the 16th. The Commissioners reiterated their support for the additional staff, and offered their assistance should it be needed.

1. Brown Act and Sunshine Ordinance Requirements Pertaining to "Remarks from the Public" Portion of the Agenda

   This item was continued pending a response from the Office of the City Attorney.

2. Section 8

   Supervisor Ammiano’s Office had requested that the Commission write a letter of support for recently introduced legislation that would put certain aspects of Section 8 and other assisted tenancies under Rent Board jurisdiction. The proposed legislation would: provide for regulation of rent increases for tenants who receive Section 8 vouchers, but not certificates; specify that the base rent upon the unit coming under jurisdiction is the contract rent that the landlord has been receiving under their contract with the Housing Authority; require "Just Cause" for eviction; and provide that the rent increase and eviction notice requirements of the Rent Ordinance are in addition to the HUD notice requirements. No other provisions of the rent law would be applicable. After discussion, since there was not unanimity among the Commissioners, it was decided that the Board would take no official position on the legislation. The Commissioners are, of course, free to testify as individuals at the hearings that will be held before the Housing and Land Use Committee of the Board of Supervisors.

The tenant in the case at 533 Page St. (S001-49A) informed the Board that the Master Tenant’s representative had just threatened her in the hallway, and asked what she should do. Brooke Turner from the Coalition for Better Housing applauded the Commissioners’ not taking a position on the Section 8 legislation because it is a "political issue" and "best avoided."

June 16, 1998 - NO MEETING

June 23, 1998
4 appeal considerations
Old Business:

1. Costa-Hawkins
2. Valuation of Decreased Housing Services

President Wasserman adjourned the meeting at 7:45 p.m.