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July 15, 1997

July 15, 1997B>

 

 

 

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

Tuesday, July 15, 1997 at 6:00 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level

  1. Call to Order

    Vice-President Wasserman called the meeting to order at 6:05 p.m.

  2. Roll Call

    Commissioners Present: Becker; Bierly; Marshall; Mosser; Palma; Wasserman.

    Commissioners not Present: Lightner; Moore.

    Staff Present: Grubb; Wolf.

    Commissioner Gruber appeared on the record at 6:10 p.m.; Commissioner Murphy arrived at 6:21 p.m.

  3. Approval of the Minutes

    MSC: To approve the Minutes of July 1, 1997 with the following correction: the date for the Tenants’ Convention is September 13, 1997, and not next month. (Palma/Mosser: 4-0)

  4. Closed Session

    The Deputy Director informed the Board that the scheduled Closed Session with Deputy City Attorneys Teresa Stricker-Croley and Mark Barmore to discuss the case of Larsen v. S.F. Rent Board (Superior Court Case No. 979777) was continued to the Board meeting of August 5, 1997.

  5. Consideration of Appeals

    1. 2663 Greenwich St. R001-64A

      The landlord’s petition for certification of capital improvement costs was granted, in part. The cost of a new stove was held to be an operating expense because the landlord failed to prove that the tenants had agreed, prior to installation, to amortization of the cost of the stove as a capital improvement. On appeal, the landlord asserts that: since the kitchen had been remodeled over time, and the tenant asked that the old stove be replaced, an "agreement" existed between the parties sufficient to satisfy the requirements of Rules and Regulations Section 7.12(b).

      MSC: To accept the appeal and remand the case to determine whether there was an agreement between the parties that the cost of the new stove would be amortized as a capital improvement. A hearing will be held only if necessary.

      (Marshall/Becker: 5-0)

    2. 685 Fell St. R002-23R

      Four tenant petitions alleging substantial decreases in housing services were granted. Innovative Housing, a non-profit corporation, was also found liable to two tenants for rent overpayments due to charging more rent than was being paid to the owner of the property in violation of Ordinance Section 37.3(c). Upon appeal, the Board remanded the case to overturn that portion of the decision determining rent overpayments because Innovative Housing is not a person and does not meet the definition of "tenant" in the Ordinance. Therefore, Section 37.3(c) is inapplicable. One tenant appeals the remand decision claiming that she thought a $35.00 monthly "management fee" was a "one-time filing fee", and that she does not use the services allegedly provided in exchange for the fee.

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

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

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

    3. 495 - 3rd Ave. R001-66A

      The landlords’ petition for certification of capital improvement costs and rent increases based on increased operating expenses was granted, in part. The costs for certain items of capital improvement work were disallowed for the tenants in some units due to the work having been completed prior to or within six months of the inception of the tenancies. On appeal, the landlord contends that the "6-Month Rule" (Rules and Regulations Section 7.12[b]) is inapplicable because there was a change in ownership during the relevant time period, although the work was completed and paid for by the prior owner.

      MSC: To deny the appeal. (Marshall/Palma: 5-0)

    4. 571 Lombard St. R001-67A

      The landlord’s Petition for Extension of Time to Complete Capital Improvement Work was denied because the hearing officer found that the landlord failed to obtain all necessary permits prior to issuing the notices to vacate. (Rules and Regulations Section 12.15[e][1]) On appeal, the landlord’s attorney asserts that the petition was denied on grounds not raised at the hearing by any party and that the grounds for denial pertain to the landlord’s right to temporarily evict the tenants for capital improvement work, and not to the request for additional time to complete the work.

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

    5. 1390 Pine St. R001-65A & R002-24R

      The landlord’s petition for certification of the costs of seismic and electrical work to the tenants in eleven units was granted, in part. Certification was denied as to the tenants in four units because the hearing officer determined that the work commenced when a structural engineer began performing the necessary engineering services for the seismic improvements, and these tenants’ move-in dates triggered application of Rules and Regulations Section 7.12(b) (the "6-Month Rule"). The tenant in one unit appeals the decision on the grounds of financial hardship. The landlord appeals the denial of certification of the costs to the tenants in four units, alleging that the "6-Month Rule" is inapplicable, because physical commencement of the seismic work did not occur until a much later date.

      MSC: Regarding the hardship appeal filed by the tenant in unit #302: Pursuant to the landlord’s statement in his response to the tenant’s appeal that he has no objection to a one-year deferral of imposition of the approved passthrough, the effective date for the passthrough shall be February 21, 1998. (Becker/Palma: 5-0)

      MSF: To deny the landlord’s appeal. (Becker/Marshall: 2-3; Gruber, Murphy, Palma dissenting)

      MSC: To accept the landlord’s appeal and remand the case to find that the "6-Month Rule" applies only to the structural engineering costs in the amounts of $700.00 and $2,750.00, and not to the remainder of the costs of the seismic work. (Murphy/Gruber: 3-2; Becker, Marshall dissenting)

    6. 1620 Grove St. R001-68A

      The landlord’s petition for a rent increase based on increased operating expenses was granted. The portion of the landlord’s petition that requested a determination that none of the present occupants of the unit are "tenants" subject to the jurisdiction of the Rent Ordinance was denied, because the landlord knew of the presence of at least one of the current occupants in the unit and failed to avail himself of the procedures outlined in Rules and Regulations Section 6.14. On appeal, the landlord asserts that Section 6.14 of the Rules was intended to apply only to unrelated adults who become roommates, and not to "family situations."

      MSC: To deny the appeal. (Marshall/Palma: 5-0)

    7. 3246 Anza St. R001-69A

      The tenants’ petition alleging substantial decreases in housing services and the landlord’s failure to repair was denied except for a $25.00 per month rent reduction due to inadequate hot water on the premises. On appeal, the landlord claims that the decision is based only on the tenants’ unverified statement regarding the condition of the water heater; and that the hearing officer should have examined the underlying causes of the complaint.

      MSC: To deny the appeal except to remand the case to the hearing officer in order to make two necessary Technical Corrections to the Decision. (Becker/Palma: 3-2; Gruber, Murphy dissenting)

    8. 152 Onondaga Ave. R002-25R

      The tenant’s petition alleging substantial decreases in housing services was dismissed due to his failure to appear at the properly noticed hearing. On appeal, the tenant claims that he thought that the hearing was scheduled for 9:30 a.m. instead of 9:00 a.m.; that he was unemployed and didn’t have the necessary funds to arrive at the hearing any sooner; and that he will be starting a new job, which will eliminate this problem. As correspondence from the landlord contained the assertion that a Judgment had been entered in an Unlawful Detainer case that he brought against the tenant, and an eviction was scheduled to have taken place on July 9, 1997, it was the consensus of the Board to continue this matter in order for staff to ascertain whether or not the tenant remained on the premises.

  6. Communications

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

    1. The appeal decision for the case concerning 1077 - 1081 Ashbury Street/1038 & 1042 Clayton Street (Q007-07T through -11T), heard and decided by the Board on May 6, 1997, which was approved with minor changes suggested by Commissioner Marshall and signed by Vice-President Wasserman.

    2. A letter to Board President Lightner from Attorney Olivia Paniagua concerning the issue of eviction without just cause by "Master Tenants."

  7. Director’s Report

    Executive Director Grubb informed the Commissioners that the Spanish version of "Information To Go", the Board’s automated voice mail information system, is now on line.

  8. Old Business

    At the July 1, 1997 Board meeting, a Public Hearing was held on proposed new Rules and Regulations Section 5.14, which would allow for Administrative Dismissal of certain landlord petitions without prejudice to re-filing; and amendments to Rules Section 7.17 regarding procedures for Administrative Dismissal of capital improvement petitions. At that time, the Commissioners asked Senior Hearing Officer Sandra Gartzman to draft amendments to the proposed language which would: clarify a petitioner’s right to appeal an Administrative Dismissal; and clarify that only that portion of a rent increase notice based on an administratively dismissed petition would have to be re-noticed if the petition was re-filed at a later date, but that all other portions of the rent increase notice would remain in effect. After reviewing the proposed amendments, the Board passed the following motion:

    MSC: To adopt proposed new Rules and Regulations Section 5.14 and proposed amendments to Rules Section 7.17, allowing for and clarifying procedures for Administrative Dismissal of certain landlord petitions. (Marshall/Palma: 5-0)

  9. Remarks from the Public

    Attorney Olivia Paniagua informed the Board that she is representing a tenant in an eviction action who is being evicted by a "Master Tenant." According to Ms. Paniagua, the tenant in this case thought that the co-occupants of the unit were roommates, and did not realize that he could be evicted without just cause by the "Master Tenant." She asked that the Board consider requiring disclosure of this exemption from the just cause eviction requirements of the Ordinance at the inception of such tenancies.

  10. New Business

    The scheduled discussion of proposed legislation concerning Master Tenants and Subtenants was continued due to the absence of Commissioner Lightner.

  11. Calendar Items

    July 22 & 29, 1997 - NO MEETINGS

    August 5, 1997

    7 appeal considerations (1 cont. from 7/15/97)

    Closed Session: Litigation

    New Business: Proposed Legislation Concerning Master Tenants & Subtenants

  12. Adjournment

    Vice-President Wasserman adjourned the meeting at 7:40 p.m.

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