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August 05, 1997

August 05, 1997B>

 

 

 

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

Tuesday, August 5, 1997 at 6:00 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level

  1. Call to Order

    President Lightner called the meeting to order at 6:13 p.m.

  2. Roll Call

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

    Commissioners not Present: Gruber; Marshall; Moore.

    Staff Present: Grubb; Gartzman.

    Commissioner Murphy appeared on the record at 6:30 p.m.

  3. Approval of the Minutes

    MSC: To approve the Minutes of July 15, 1997.

    (Becker/Bierly: 5-0)

  4. Remarks from the Public

    Robert Pender, a tenant at Parkmerced, informed the Board that he read a newspaper article indicating that Parkmerced is going to be sold. Shortly afterwards, he received a letter from the management company restricting tenants’ use of patios, gardens and outdoor water.

  5. Vote on Whether to Go Into Closed Session Regarding Case of Larsen v. Rent Board (Superior Court Case No. 979777) Pursuant to S.F. Administrative Code Section 67.11(a)

    MSC: To go into closed session.

    (Mosser/Lightner: 5-0)

  6. Closed Session re: Larsen, supra, Pursuant to Government Code Section 54956.9(a)

    The Board went into closed session from 6:20 p.m. to 7:20 p.m. with City Attorneys Teresa Stricker-Croley and Mark Barmore to discuss the case of Larsen v. Rent Board (Superior Court Case No. 979777).

  7. Vote on Whether or Not to Disclose and Possible Disclosure of Any/All Conversations Held in Closed Session Regarding Larsen, supra, Pursuant to S.F. Administrative Code Section 67.11(a)

    MSC: To accept the recommendation of the City Attorney not to disclose conversations held in closed session regarding Larsen, supra, to the extent that such conversations are protected by the attorney/client privilege. (Becker/Bierly: 5-0)

  8. Report on Any Actions Taken in Closed Session Regarding Larsen, supra Pursuant to Government Code Section 54957.1(a)(2) and S.F. Administrative Code Section 67.14(b)(2)

    MSC: To instruct the City Attorney not to appeal the Larsen decision; the Board will continue to interpret and enforce the Ordinance and Rules and Regulations in a manner consistent with prior Board rulings. (Becker/Palma: 3-2; Lightner, Mosser dissenting)

  9. Consideration of Appeals

    1. 152 Onondaga Ave. R002-25R
      (cont. from 7/15/97)

      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 claimed 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.

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

    2. 469 Ivy St. R001-70A

      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 $3,060.00 due to serious habitability defects on the premises. The landlord failed to appear at the hearing and alleges on appeal that the Notice of Hearing was sent to an incorrect address.

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

    3. 2844 Lyon St. R001-71A

      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 $7,745.00 due to serious habitability defects on the premises. The landlord failed to appear at the hearing and maintains on appeal that the Notice of Hearing was sent to an incorrect address. Additionally, the landlord claims that a $100.00 per month rent reduction due to lack of heat is excessive because the heat is defective but operative; that the common area lighting problem was corrected immediately after notice; that the cracked and broken windows are the fault of the tenant; that the tenant painted the unit with the wrong paint, which created peeling; that there is mildew in the unit due to the tenant’s failure to ventilate; and that the tenant’s filing of the petition was not in good faith but was in retaliation for the landlord’s service of a 3-Day Notice to Pay Rent or Quit. As the landlord informed the Director that she would be sending the Board a copy of her Declaration of Non-Receipt of Notice, which she believed her attorney had already mailed to the Board, it was the consensus of the Board to continue this matter until the next Board meeting on August 19, 1997.

    4. 860 Arguello St. #102 R001-72A

      The tenant’s petition for a rent reduction due to an inoperable intercom system was denied because the hearing officer found that the landlord effectuated the repair within a reasonable amount of time and the system was not inoperable. However, the landlord was found liable to the tenant in the amount of $506.80 due to rent overpayments. On appeal, the landlord maintains that the hearing officer exceeded her authority because the tenant failed to assert a claim of unlawful rent increase in her petition; that the rent increase at issue had not been noticed or taken effect at the time of filing the petition; the overcharges were due to an inadvertent mathematical error in the calculation of allowable "banking"; and that fairness dictates that the landlord not be penalized because of the length of time it took for the petition to be processed and a decision rendered.

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

    5. 1217 Kearny St., Apt. D S001-01R

      The landlords’ petition for certification of the costs of a new roof, stairway and exterior painting was approved for the tenants in three units of a five-unit building. One tenant appeals the decision, asserting that: the landlord did not obtain required permits for the work; and the allocation of the costs of the work on a square footage basis is inequitable because the tenant no longer has exclusive use of the garage, a reduction of 325 square feet.

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

    6. 1011 Union St. #4 S001-02R

      The landlord’s petition for rent increases based on increased operating and maintenance expenses to the tenants of four units in a six-unit building was granted. One tenant appeals the decision, claiming that tenants in two out of the four units have moved, entitling the landlord to rent increases due to vacancy decontrol. The tenant maintains that the landlord no longer needs the rent increase approved for his unit.

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

    7. 1649 Washington St. S001-01A

      The tenant’s petition alleging an unlawful rent increase was granted, in part. The hearing officer found that the landlord was not entitled to the increase pursuant to the provisions of Rules and Regulations Section 6.14 because an "original tenant" still remained on the premises, and a proper 30-day notice of rent increase had not been issued. On appeal, the landlord claims that notice of the rent increase was given in the new lease that was signed by the tenant-petitioner; and that the petitioner’s name was written on the lease so she would have the status of Master Tenant for dealing with problems with the unit and co-occupants of the unit.

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

  10. Communications

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

    1. The appeal decision for the case concerning 2714 Webster Street (Q001-55A), heard on May 20, 1997 and decided on June 10, 1997, which was approved and signed by President Lightner.

    2. Letters from Delma Churchwar and Olivia Paniagua regarding the proposed legislation concerning master tenants and subtenants.

    3. A copy of the Court of Appeal’s decision in 152 Valparaiso Associates v. City of Cotati, issued on July 22, 1997.

    4. Proposed New Regulation 6.15 from Commissioner Marshall regarding changes in roommates.

    5. Proposed New Regulations 12.20 and 12.21 from Commissioner Becker regarding evictions under Ordinance Sections 37.9(a)(2) and 37.9(a)(5).

    6. Monthly Summary of Rent Board Mediation Agreements for June 1997.

  11. Director’s Report

    Executive Director Grubb distributed annual statistics for fiscal year 96/97. Highlights include the following: Tenant petition filings are up 33% over last year. Capital improvement petition filings are up 70% over last year. All eviction notices to vacate are up 69% over last year. Owner-occupancy notices to vacate are up 130%. Summary petition filings are up 51% over the previous year. 111,600 phone calls were handled by the automated "Info to Go" line. The counseling staff handled 30,000 phone calls and 13,900 walk-in customers. The public’s use of "Fax Facts" has increased from 400 calls in February 1997 to 1,100 in July 1997. The Annual Statistics are on the Fax Facts Line at 252.4660, document number 112.

  12. Remarks from the Public (cont.)

    Attorney Olivia Paniagua addressed the Board concerning the proposed legislation covering master tenants and subtenants. She reiterated her position that the Board should codify the definition of a master tenant and specify the master tenant’s rights and obligations vis a vis the subtenants.

    Andy Braden expressed understanding of, but displeasure at the Board’s practice of holding closed sessions prior to the consideration of appeals.

  13. New Business

    Commissioner Lightner requested that a public hearing be scheduled on her proposed legislation concerning master tenants and subtenants. The consensus of the Board was to schedule it for September 23, 1997, subject to confirmation by Commissioners Mosser and Marshall and Deputy Director Wolf.

  14. Calendar Items

    August 12, 1997 - NO MEETING

    August 19, 1997

    10 appeal considerations (1 cont. from 8/5/97; 1 postponed)

    Old Business: Commissioner Lightner’s proposed legislation concerning master tenants and subtenants

    New Business: Commissioner Marshall’s proposed legislation concerning changes in roommates; Commissioner Becker’s proposed legislation concerning evictions under Sections 37.9(a)(2) and (a)(5)

  15. Adjournment

    President Lightner adjourned the meeting at 8:13 p.m.

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