November 10, 1998B>
MINUTES OF THE REGULAR
MEETING OF
THE SAN FRANCISCO RESIDENTIAL
RENT
STABILIZATION & ARBITRATION
BOARD,
Tuesday, November 10, 1998 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 6:10 p.m.
II. Roll Call
Commissioners Present: Becker; Justman;
Marshall; Moore; Wasserman.
Commissioners not Present: Bierly; Murphy.
Staff Present: Wolf.
Commissioner Gruber appeared on the record
at 6:13 p.m.; Commissioner Lightner appeared at 6:18 p.m.; and Commissioner
Mosser arrived at 6:25 p.m.
III. Approval of the Minutes
MSC: To approve the Minutes of October
20, 1998 with a correction to show that Commissioner Justman arrived at
the meeting at 6:40, rather than 5:40, p.m. (Becker/Marshall: 3-0)
IV. Consideration of Appeals
A. 6678 Third St. #C T001-20R
The tenant’s appeal was filed 26 days late
because the tenant claims he failed to realize that the base rent amount
in the original Decision of Hearing Officer was in error until he received
the subsequent Technical Correction to the Decision.
MSC: To find good cause for the late
filing of the appeal. (Marshall/Becker: 4-0)
The landlord’s petition for a rent increase
to the tenant in this unit based on comparable rents for Newly Covered
Units under Proposition I was denied because the landlord failed to prove
that the rent for the unit was set low due to extraordinary circumstances.
The tenant claims, on appeal, that the landlord should not be entitled
to the banked increases enumerated in the Technical Correction to the Decision
because his rent had been increased $30.00 for a parking space that he
had always had the use of for no additional rent.
MSC: To accept the appeal and remand
the case for a hearing on the issue of the tenant’s rent history, particularly
with regard to the parking space. (Becker/Marshall: 5-0)
B. 1280 Pine St. #401 T001-17R
The landlord’s petition for rent increases
based on increased operating expenses and certification of capital improvement
costs was granted. The tenant in one unit filed an appeal on the grounds
of financial hardship, which was remanded for hearing. In the Decision
on Remand, the hearing officer found that the tenant had demonstrated sufficient
hardship to warrant deferral of the approved amounts only until January
1, 1999. On appeal, the tenant claims that there are many inaccuracies
in the Decision of Hearing Officer and that he has demonstrated sufficient
hardship to warrant permanent deferral of the increases.
MSC: To deny the appeal. (Lightner/Gruber:
3-2; Becker, Marshall dissenting)
C. 257-259 So. Van Ness Ave. T001-20A
The landlord’s petition for exemption from
the Ordinance based on substantial rehabilitation of the building or, in
the alternative, certification of capital improvement costs was denied
because the hearing officer found that the landlord had failed to establish
what work was done; when the work was completed; the costs; and whether
the work was paid for. On appeal, the landlord asserts that: while the
categorization of expenses provided may be confusing, it is supported by
invoices, proposals and copies of over 175 checks, and could be reconciled
by a Certified Public Accountant, which the landlord is willing to provide;
based on an incorrect sampling of plumbing and painting expenses, the hearing
officer incorrectly concluded that the remaining expenditures need not
be reviewed; the standard of "reasonable evidence" should be applied; and,
since the premises were substantially rehabilitated and extensive capital
improvements were made, total denial of the petition is unjust.
MSC: To deny the landlord’s appeal as
to the claim of exemption from the Ordinance due to substantial rehabilitation
of the premises. To accept the appeal in order to provide the landlord
with another opportunity to properly document capital improvement costs;
the hearing officer shall issue a Post-Appeal Order prior to the remand
hearing with specific instructions as to what the landlord must provide
in order to meet his burden of proof. (Justman/Becker: 4-1; Gruber dissenting)
D. 234 Guerrero St. T001-18A
(rescheduled from 10/20/98)
The tenant’s petition alleging substantial
decreases in housing services due to the loss of use of the back yard for
her dogs and a reduction in the amount of storage space was granted, and
the landlord was found liable to the tenant in the amount of $6,272.26.
On appeal, the landlord asserts that the unsupervised behavior of the tenant’s
dogs led to revocation of the back yard privileges; that the tenant’s depiction
that she gave up a rent-free apartment in order to move into the subject
premises is not entirely accurate; that the dogs had access to a grass
and dirt area in addition to a concrete patio; that the tenant unreasonably
delayed in filing her petition, resulting in prejudice to the landlord;
that the amount granted to the tenant presents the landlord with a financial
hardship; and that the tape recording of the hearing is, in part, inaudible.
MSC: To recuse Commissioner Becker from
consideration of this appeal. (Moore/Justman: 5-0)
MSC: To accept the appeal and remand the case
to the same hearing officer for a new hearing. (Lightner/Gruber: 5-0)
E. 386 Fair Oaks T001-84R
The landlord’s petition for a rent increase
to the tenants in one unit based on increased operating expenses and certification
of capital improvement costs was granted. The tenants appeal, asserting
that the capital improvements were effectuated long before the petition
was filed and that the landlord is merely trying to increase the rent to
market value.
MSC: To deny the appeal. (Becker/Gruber:
5-0)
F. 2057 - 15th St. #C T001-19R
The tenant’s petition alleging substantial
decreases in housing services, the landlord’s failure to repair and unlawful
increases in rent was dismissed due to his failure to appear at the properly
noticed hearing. On appeal, the tenant provides documentation of the fact
that he was in Germany for three months at the time of the subject hearing.
MSC: To accept the appeal and remand
the case for a new hearing. (Becker/Marshall: 3-2; Gruber, Lightner dissenting)
G. 801 - 25th Ave. #19 T001-21A
The tenant’s petition alleging a substantial
decrease in services and an unlawful increase in rent was granted, in part.
The tenant’s habitability complaints were found not to be substantial,
in that the conditions were remedied within a reasonable period of time
after notification to the landlord. However, a rent increase from $700
to $950 on the basis that there was a new tenancy was determined to be
null and void in that the landlord had not complied with the provisions
of Rules and Regulations Section 6.14. On appeal, the landlord asserts
that: the resident manager was unaware of the tenant’s presence in the
unit, and would so testify; the tenant deliberately attempted to hide her
presence in the unit; there is no evidence that the landlord had waived
the prohibition against subletting and assignment in the lease; and the
rent had been properly raised to $712.50.
MSC: To accept the appeal and remand
the case to the hearing officer on the issues of the proper base rent amount
and whether this was a new, or continuing, tenancy. (Justman/Gruber: 5-0)
V. Remarks from the Public
A landlord inquired as to his remedies
in the following situation: one of his tenants has sublet a parking space
for which she pays $25.00 to an individual who does not live in the building
and whom she is charging $80.00. A representative for the landlord involved
in the case at 801 - 25th Ave. #19 (T001-21A) commended the Commissioners
for doing a good job and being "passionate" about what they do.
VI. Communications
In addition to correspondence concerning
cases on the calendar, the Commissioners received the following communications:
A. A Memo from the Deputy Director regarding
the Commissioners’ Holiday Party, which will be held at the South End Rowing
Club on December 13th from 2:00 p.m. to 6:00 p.m.
B. An invitation from Mayor Brown to a
commemoration of the lives of Mayor George Moscone and Supervisor Harvey
Milk to be held on November 24th from noon to 1:30 p.m. at the Opera House.
VII. Director’s Report
In the absence of Executive Director Grubb,
who was on vacation, Deputy Director Wolf reported as follows:
A. Raquel Fox, attorney with the Tenderloin
Housing Clinic, phoned to report that her client, an 82-year-old woman
who has lived in her unit for 7 years and is on SSI due to her age, prevailed
in the owner move-in eviction action filed by her landlord. Partly in response
to issues raised by this case, the Board had passed new Rules and Regulations
Section 12.14(d) after a Public Hearing on October 6th. The new regulation
made it clear that, absent a disability determination by the Social Security
Administration or Rent Board, a finder of fact could consider various types
of medical evidence to determine whether an individual qualified as "protected"
pursuant to Ordinance Sections 37.9(i)(1)(B)(i) and (ii) ("The Moratorium").
Ms. Fox thanked the Board for their efforts in this matter.
B. Ms. Wolf outlined some of the issues
currently before staff due to the passage of Proposition G on the November
3rd ballot. It appears that the Initiative will take effect around mid-December.
The Board may need to amend the Rules and Regulations, depending on anticipated
court action. The Office of the City Attorney is currently looking at conflicts
between the language of Proposition G and the recently enacted Bierman
amendments to Rent Ordinance Section 37.9(a)(8).
VIII. Calendar Items
November 17, 1998 - NO MEETING
November 19, 1998
Old Business: Costa-Hawkins (Civil Code
Section 1954.53)
December 1, 1998
6 appeal considerations
Old Business: Minute Order Program
IX. Adjournment
President Wasserman adjourned the meeting
at 7:45 p.m.