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July 07, 1998

July 07, 1998B>

 

 

 

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

Tuesday, July 7, 1998 at 6:00 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level

  1. Call to Order

    In the absence of President Wasserman, Commissioner Gruber called the meeting to order at 6:11 p.m.

  2. Roll Call

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

  3. Approval of the Minutes

    MSC: To approve the Minutes of June 23, 1998.
    (Murphy/Bierly: 5-0)

  4. Remarks from the Public

    1. Eladio Ballestas asked that the Board refer evictions based on the number of occupants in a unit and/or involving live/work tenancies to the City Attorney to aid in enforcement of Housing Code Section 503(d), which was enacted to prevent housing discrimination against families.

    2. Catherine Wofford and Emily Johnson, tenants residing in a property on Fulton Street, informed the Board that they are being evicted in violation of Housing Code Section 503(d).

    3. Kristy Capogrossi, Attorney for the landlords in the case at 373 - 4th Ave. #3 (S001-52A), informed the Commissioners that her clients, who failed to appear at the hearing on this case, were in attendance at this evening’s Board meeting.

    4. Brian Davis, Attorney for the tenants in the case involving 373 - 4th Ave. #3, objected to the presence at the Board meeting of the landlady in her wheelchair, stating that this constituted "physical evidence", in contravention of the procedures governing appeal considerations.

    5. Andre Rosen, a tenant who lives on 18th Street, told the Board that he is being wrongfully evicted from his live/work space.

  5. Consideration of Appeals

    1. 1710 - 33rd Ave. S001-50A
      (cont. from 6/23/98)

      The tenant’s petition alleging substantial decreases in housing services was granted and the landlord was found liable to the tenant in the amount of $2,175.00. Additionally, rent overpayments in the amount of $700.00 were found to be owing from the landlord to the tenant. On appeal, the landlord claims that he never threatened to evict the tenant if he failed to pay the requested rent increase; the tenant had agreed to provide maintenance and repair of the premises, and deducted the costs from the rent; the conditions were not as depicted in the Decision of Hearing Officer; and the Department of Building Inspection found that the violations had been abated.

      Since the tenant’s attorney had not received a copy of the landlord’s appeal, and therefore had not had a chance to respond, this matter was continued to the next meeting. Because of an apparent misunderstanding regarding the fact that the matter had been continued to this evening’s meeting, the below motion was passed.

        MSC: To continue this matter to the meeting on July 21, 1998; notice will be sent to both parties outlining the deadline for additional submissions. (Murphy/Gruber: 5-0)

    2. 373 - 4th Ave. #3 S001-52A

      The tenants’ petition alleging unlawful increases in rent was granted, and the landlords were found liable to the tenants in the amount of $1,425.00. The landlords, who are not fluent in English, failed to appear at the properly noticed hearing, apparently because they believe the property is exempt from Rent Board jurisdiction pursuant to the substantial rehabilitation provisions of the Ordinance. On appeal, the landlords request another hearing to present proof of exemption from the Ordinance.

        MSC: To accept the appeal and remand the case for a new hearing. (Murphy/Moore: 5-0)

    3. 2759 Harrison St. S001-53A

      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 $525.00 due to a closet in the unit having been converted to a staircase. On appeal, the landlord submits evidence that shows that the date of conversion of the closet was November 15, 1997 instead of July 15, 1997.

        MSC: To accept the appeal and remand the case to the hearing officer on the record for a correction as to the commencement date for the rent reduction due to the loss of closet space. (Murphy/Gruber: 5-0)

    4. 259 Peralta S001-90R

      The landlord’s petition for certification of capital improvement costs was granted, resulting in a passthrough to the tenants in the amount of $292.25. The tenants’ appeal of the Decision of Hearing Officer was granted and the case was remanded on the issue of whether the newly constructed carport was of benefit to them. Since the hearing officer found that it was not, the amount of the passthrough was reduced to $139.48. On further appeal, the tenants claim that the hearing officer exhibited bias in favor of the landlord at the original and remand hearings.

        MSC: To deny the appeal. (Moore/Bierly: 5-0)

    5. 757 Sutter St. #205 S001-89R

      The tenant’s petition alleging a substantial decrease in housing services due to the landlord’s one entry door key policy was granted, and the landlord was found liable to the tenant in the amount of $30.00 per month. Upon appeal by the landlord, the case was remanded to the hearing officer to determine whether the "one key per tenant" policy was sufficiently flexible to accommodate inconveniences suffered by the tenant; the hearing officer found that it was, and the rent reduction was overturned. Additionally, the tenant’s claims that the landlord’s failure to provide rent receipts and a leak in the bathtub constituted substantial decreases in housing services were denied. The tenant appeals the remand decision, claiming that receiving a rent receipt constitutes a housing service as contemplated by the Ordinance; that the landlord is not the legal owner of the property; that security in the building has not been enhanced by the new security system; and that the rent reduction granted in the original Decision should be restored.

        MSC: To deny the appeal. (Murphy/Moore: 5-0)

    6. 260 Carl St. #1 S001-54A

      The tenants’ petition alleging overpayments in rent was granted and the landlord was found liable in the amount of $564.40 due to compounding of rent increases. Additionally, the hearing officer determined that the tenants would be entitled to a rent reduction in the amount of $216.00 per month should storage space that they had been using since the inception of the tenancy be taken away. The landlord appeals, asserting that: the hearing officer exhibited bias on behalf of the tenants; and, since the storage area has been used as a workshop, and not for residential storage, it cannot be considered a "housing" service.

        MSC: To accept the appeal and remand the case for a hearing only on the issue of the value of the storage space; both parties are to provide additional evidence as to the value of comparable storage space in the neighborhood. The parties are also urged to settle this matter and withdraw the petition.
        (Murphy/Gruber: 5-0)

  6. Communications

    The Commissioners received a copy of the Notice of Appeal filed by the landlord in the case of Golden Gateway Center v. S.F. Rent Board (Superior Court Case No. 982216).

  7. Director’s Report

    Executive Director Grubb confirmed that the Board of Supervisors approved the funds for the second temporary Hearing Officer position. It is anticipated that the start date for the positions will be October 1st.

  8. Remarks from the Public (cont.)

    The tenant in the case at 260 Carl St. #1 (S001-54A) explained the circumstances surrounding his need for 24-hour access to storage space on the premises, including the difficulty of locating suitable space in his neighborhood. Casey Froge, the office administrator for the landlord in the same case, told the Board that the landlord has concerns regarding the use of electricity in the basement because of insurance liability.

  9. Calendar Items

    July 14, 1998 - NO MEETING

    July 21, 1998
    4 appeal considerations (1 cont. from 7/7/98)

    July 28, 1998 - NO MEETING

  10. Adjournment

    Commissioner Gruber adjourned the meeting at 7:15 p.m.

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