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December 01, 1998

December 01, 1998B>

 

 

 

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

Tuesday, December 1, 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 6:05 p.m.

II. Roll Call

Commissioners Present: Becker; Bierly; Gruber; Justman; Lightner; Marshall; Moore; Murphy; Wasserman.

Staff Present: Grubb; Wolf.

Commissioner Mosser appeared on the record at 6:11 p.m.

III. Consideration of Appeals

A. 1700 Page St. #1, #7 & #8 T001-21-23R; T001-24A

The landlord’s petition for certification of capital improvement costs for ten of twelve units was granted, in part. Three tenants and the landlord appeal the decision. The landlord appeals the hearing officer’s denial of $9,800 for exterior painting work done by the prior owner on the grounds that the tenants no longer benefit from the work because the new owner painted the building again two years later. The landlord contends on appeal that the extensive preparation of the building prior to the first paint job aided in weatherproofing, thereby prolonging the life of the building; whereas the latter paint job was done only for aesthetic reasons, was significantly less thorough and, therefore, less expensive. The tenants in unit #1 appeal the decision on the grounds of financial hardship. The tenant in unit #7 claims that the base rent amount in the Decision is incorrect as to her unit; that the condition of her bathroom was the result of deferred maintenance; and that only two items needed replacement and the rest of the work in her unit was unnecessary. The tenant in unit #8 maintains that the bathtub in her unit did not need replacement and, in fact, the new tub is smaller and does not have a sliding door.
  MSC: To accept the landlord’s appeal and remand the case to the hearing officer for a hearing on the costs of the exterior painting; the total cost allowed shall not exceed the cost of one entire paint job. (Lightner/Gruber: 5-0)

MSC: To accept the appeal of the tenants in unit #1 and remand the case for a hearing on the tenants’ claim of financial hardship. (Marshall/Becker: 4-1; Lightner dissenting)

MSC: To accept the appeal of the tenant in unit #7 and remand the case for a hearing on the issue of the tenant’s correct base rent only; to deny the appeal as to all other issues. (Justman/Gruber: 4-1; Marshall dissenting)

MSC: To deny the appeal of the tenant in unit #8. (Gruber/Lightner: 4-1; Marshall dissenting)

B. 849 North Point St. T001-23A The landlord’s petition for certification of capital improvement costs was granted, but the portion of the petition requesting rent increases due to increased operating expenses was denied. A question regarding the rent history of the tenant in one unit remained unresolved because the rent history provided by the landlord in conjunction with the petition differed from that submitted in a prior case. On appeal, the landlord contends that the tenant was incorrectly reimbursed for what was mistakenly thought to be an overcharge, and requests a remand in order to determine the proper base rent amount as well as the correct amount of capital improvement passthrough.
  MSC: To accept the appeal and remand the case to the hearing officer on the record to determine the tenant’s proper base rent amount and allowable rent increases; a hearing will be held only if necessary. (Lightner/Gruber: 5-0)
C. 653-667 Bay St. T001-24 thru-26R The landlord’s Petition for Extension of Time to Do Capital Improvement Work was granted. On appeal, three tenants assert that the hearing officer did not take into account the landlord’s past record of negligence regarding conditions in the building and bad faith dealings with the tenants; and that the work does not necessitate the tenants vacating their units at all, and certainly not for a period in excess of three months. Additionally, the tenants offer two construction schedules which outline how the repairs could be completed without displacement of the tenants.
  MSC: To deny the appeal. (Lightner/Gruber: 5-0)
D. 221 Scott St. T001-25A The landlord’s petition for a rent increase for this Newly Covered Unit under Proposition I based on comparables was denied because the hearing officer found that the landlord had failed to prove landlord hardship nor establish the rent for comparable units with similar lengths of tenancy. The landlord appeals the decision on the grounds that: the entire petition should not have been denied because the landlord could not find a comparable tenancy of over 8 years, especially when the tenant had agreed to a rent increase of $130.00 at the hearing; the tenant voluntarily took early retirement at age 62, and has chosen to work part-time instead of seeking full-time employment; and the tenant benefited from extensive renovation of the building performed by the landlord.
  MSC: To accept the appeal and remand the case to the hearing officer on the proper application of Rules and Regulations Section 6.11(a)(4)(A) to the facts of this case; a hearing will be held only if necessary. (Lightner/Gruber: 5-0)
IV. Old Business

A. Minute Order Program

Senior Hearing Officer Sandy Gartzman and Hearing Officer Lela Harris appeared to inform the Commissioners that the Minute Order Pilot Program, previously approved by the Board, is ready to be implemented; to answer any questions that the Commissioners might have; and to explain the internal checks that have been established to ensure that hearing officers continue to arrive at legally correct and well-reasoned decisions.

The voluntary Minute Order Program arose in response to the increased workload experienced by the agency, and the resulting increase in the time it takes between the filing of a petition and the issuance of a decision. Although a full and complete hearing will be held on all petitions, when appropriate, the hearing officer may issue a Minute Order instead of detailed Findings of Fact and Conclusions of Law. The Minute Order will be issued within 10 days of the hearing, and will not be subject to appeal by either party. However, within 15 days, either party may request that a full decision be issued, with full appeal rights.

Upon having their questions satisfactorily answered, the Commissioners thanked Ms. Harris and Ms. Gartzman for their hard work and gave their consent for the Program to go forward. Staff will continue to keep the Board informed as to the on-going progress of the Program.

V. Remarks from the Public

Jennifer Bradford, a tenant involved in the case at 653-657 Bay Street (T001-24R thru -26R) expressed frustration at the difficulty she experienced in trying to dispute her landlord’s contractor’s timetable for completion of the seismic retrofit work at her building; she has architectural experience and "knows the ropes" and still found it impossible to prove that the schedule provided was unreasonable.

III. Consideration of Appeals (cont.)

E. 948 "A" Rhode Island St. T001-22A

The landlord’s third Petition for Extension of Time to Do Capital Improvement Work was denied because the hearing officer found that: either the landlord has insufficient experience in executing the type of remodeling project he has undertaken in this building; or that the landlord has deliberately delayed the project in hopes that the tenant would give up her right to return to the property. On appeal, the landlord claims that: the hearing officer exhibited bias against him; he unintentionally underestimated the scope of the project, but all of the reasons he offered for the delays are valid; he, more than anyone, wishes for the project to be completed because of the adverse impact it has had on his personal life and the financial repercussions; the tenant has not communicated with him for thirteen months; it is unlawful to do any of the interior finish work until the entire building shell is completed and inspected; and he is well aware of the risk of a wrongful eviction lawsuit if he acts in bad faith and with wrongful intent.
  MSC: To deny the appeal. (Becker/Marshall: 5-0)
F. 2471 Bryant St. T001-26A 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 $7,432.50 due to long-term habitability problems on the subject premises. The landlord failed to appear at the properly noticed hearing. On appeal, the landlord claims that he did not attend the hearing due to a family emergency. He also maintains that: the information provided by the tenant at the hearing was false; the lease states that the garage is the tenant’s responsibility; the bedroom heater is not working because the tenants placed a large dresser in front of it; the carpet and walls were damaged by the tenant; and the tenant refused the owner access to the premises when he attempted to effectuate repairs.

After discussion, it was the consensus of the Board to continue consideration of this case to the meeting on January 5, 1999, in order for staff to contact the landlord and have him: explain and document the nature of the family emergency, under penalty of perjury; and explain why the new property manager failed to appear in his stead.

VI. Communications In addition to correspondence concerning cases on the calendar, the Commissioners received the following communications:

A. A copy of the October 24, 1998 Rules and Regulations.

B. The office workload statistics for the months of September and October, 1998.

C. An e-mail inquiry regarding the question of exemption from the rent restrictions of the Ordinance due to Costa-Hawkins from a landlord renting out a condominium unit with some pre-and some post-1996 tenancies, and a change from separately rented rental units to joint and several liability.

D. A letter from the Executive Director to landlord representative Al Goodwin of Rent Board Petition Associates, admonishing him for his abusive and uncalled-for conduct in hearings, especially a recent hardship remand hearing for a tenant disabled by AIDS asserting financial hardship. Mr. Goodwin was informed in no uncertain terms that, in the future, such conduct on his part will not be tolerated and will cause the hearing to be continued to another date, if necessary.

E. President Wasserman thanked the Deputy Director for a letter she wrote to a tenant at 1550 Bay Street concerning the denial of the tenants’ appeals (S001-93R thru -S003-53R) asserting the applicability of the "anti-spec clause" (Rules and Regulations Section 6.10{f}).

VII. Director’s Report Executive Director Grubb discussed and finalized plans for the Commissioners’ Holiday Party, which will be held at the South End Rowing Club on Sunday, December 13th, from 2:00 to 6:00 p.m. IV. Old Business (cont.)

B. Costa-Hawkins (Civil Code Section 1954.53)

Discussion of this matter was continued to the December 15, 1998 meeting. VIII. Calendar Items December 8, 1998 - NO MEETING

December 15, 1998

6 appeal considerations

Old Business: Costa-Hawkins (Civil Code Section 1954.53)

December 22 & 29, 1998 - NO MEETINGS (Happy Holidays!)

IX. Adjournment President Wasserman adjourned the meeting at 8:20 p.m.

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