- 1393 Goettingen St. R001-60R
(cont. from 12/17/96)
The landlord’s petition for certification of costs incurred in
painting this single family dwelling was granted, resulting in
a monthly passthrough in the amount of $20.00. The tenants appeal
the decision on the grounds of financial hardship. This matter
was continued from the meeting on December 17th in order for staff
to contact the tenants and get clarification regarding the information
provided, including obtaining a separate "Hardship Application"
from the tenant’s wife.
MSC: To deny the appeal. (Gruber/Lightner: 4-1; Bierly dissenting)
- 1818 Hyde St. R001-61R
The landlord’s petition for certification of the costs of exterior
painting and a new roof to the tenants in four units was granted,
resulting in a monthly passthrough in the amount of $24.39. One
tenant appeals the decision, asserting that: she was not given
ample opportunity at the hearing to state her objections to the
passthrough of roofing costs; roof leaks over a ten-year period
had resulted in the loss of one-fourth of the usable space in
her studio apartment; and, that if roof repairs had been effectuated
in a timely fashion, the problem might have been solved.
MSC: To deny the appeal. (Palma/Gruber: 5-0)
- 4220 Army St. (Cesar Chavez) R001-30A
This case involves eleven tenant petitions alleging substantially
decreased housing services and one petition alleging an unlawful
increase in rent. The tenants’ complaints fell, generally, into
three areas: repairs to individual units; management; and maintenance
of the common areas. The hearing officer determined that the
landlord was liable to seven tenants in the amount of $50.00 per
month due to management’s unresponsiveness regarding repair complaints
in their individual units; that the landlord was liable to all
eleven tenants in the amount of $50.00 per month due to the lack
of a competent resident manager on the premises; that the landlord
was liable to all eleven tenants in the amount of $50.00 per month
due to lack of maintenance of the common areas; and that the landlord
was liable to the tenant in unit #101 in the amount of $1,669.03
due to a rent increase having been imposed prior to the one year
anniversary date. On appeal, the landlord asserts that: the
hearing officer erred in granting rent reductions prior to the
inception dates of the instant tenancies; the issue of the fire
escapes was not raised in the tenants’ petitions, and only three
of the tenant petitioners have access to the fire escapes; only
one tenant complained about problems with the decks and/or balconies;
all tenants were given the same rent reductions regardless of
their individual circumstances, which is in violation of Rent
Board policy; granting rent reductions due to lack of effective
resident management on the premises and lack of maintenance of
the common areas is duplicative; and the landlord’s liability
for rent overpayments to the tenant in unit #101 is excessive,
considering that the notice was given just fifteen days shy of
the one-year anniversary date.
MSC: To recuse Commissioner Becker from consideration of this
appeal. (Lightner/Palma: 5-0)
MSC: To deny the appeal. (Palma/Bierly: 5-0)
- 1800 Pacific Ave. #501 R001-62R
The tenant’s petition alleging substantial decreases in housing
services was denied because the hearing officer found that the
tenant failed to meet his burden of proof in that the landlord
performed the promised work in less than one month and the conditions
appeared to be primarily cosmetic. On appeal, the tenant maintains
that the hearing officer demonstrated bias against him; and that
the issue raised in his petition was not individual repairs but,
rather, a total combined loss of housing services caused by inept
repair work done by the landlord’s agents.
MSC: To deny the appeal. (Gruber/Lightner: 5-0)
- 851 Post St. #4 R001-63R
The tenants’ petition alleging substantially decreased housing
services due to a clogged drain and leaking shower knobs was denied
because the hearing officer found that the landlords acted within
a reasonable period of time for a non-emergency repair and that
the conditions were not sufficiently substantial to warrant rent
reductions. Additionally, a claim of unlawful rent increase was
denied because a clause that required an additional $25.00 for
installing a washing machine in the unit was part of the lease
that the tenants signed when they moved in. On appeal, the tenants
assert that the clause in the lease should not apply to them,
because the washing machine hooks up to the kitchen sink and is
not permanently installed; and that it should not take almost
two months and fifteen visits to effectuate repairs.
MSC: To deny the appeal. (Lightner/Gruber: 4-1; Bierly dissenting)
- 701 Fell St. #12 R001-32A
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 $1,230.00 due to windows with gaps
that allow air into the unit and lack of a mailbox key. On appeal,
the landlord alleges that the tenant failed to notify him of the
problem regarding the windows until contacting the building inspector;
and that the tenant had a key to the mailbox from the time he
moved in.
MSC: To deny the appeal. (Becker/Palma: 5-0)
- 505 - 26th Ave. #3 R001-33A
The tenants’ petition alleging substantial decreases in housing
services was granted, in part, and the landlord was found liable
to the tenants in the amount of $1,965.00 due to habitability
defects on the premises. The tenants’ claim of unlawful rent
increases was upheld due to capital improvement passthroughs having
been improperly included in base rent, but no sums were determined
to be owing from the landlord as the tenants had already made
deductions from rent. The landlord, who failed to appear at the
continued hearing on this case, appeals, alleging that: he failed
to receive notice of the continued hearing and therefore was unable
to present evidence on all of the issues raised; the conclusions
regarding the correct base rent are confusing and may be in error;
there is no requirement that the landlord provide a locking mailbox
and the mailbox cannot be locked because the tenant lost the key;
and the mouse infestation and window problems have been abated.
MSC: To accept the appeal and remand the case for a new hearing.
(Lightner/Gruber: 5-0)
- 426 Vernon St. R001-34A
The tenant’s petition alleging decreased housing services was
granted and the landlord was found liable to the tenant in the
amount of $245.00 due to the landlord’s failure to replace a washing
machine and dryer on the premises. The landlord, who failed to
appear at the properly noticed hearing, alleges on appeal that:
the tenant-petitioner is a sub-tenant of the original tenant,
who understood that the appliances had been left when the landlord
vacated the premises and were not part of the housing services
provided with the tenancy; and that the dryer has been in working
order except for two or three days, as demonstrated by a plumbing
invoice in the amount of $4,649.95. A post-hearing submission
from the landlord indicates that the landlord was on vacation
and failed to receive notice of the hearing, which had been scheduled
earlier than might have been reasonably expected.
MSC: To accept the appeal and remand the case for a new hearing.
(Lightner/Gruber: 5-0)