- Call to Order
President Lightner called the meeting to order at 6:13
p.m.
- 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.
- Approval of the Minutes
MSC: To approve the Minutes of July 15, 1997.
(Becker/Bierly: 5-0)
- 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.
- 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)
- 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).
- 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)
- 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)
- Consideration of Appeals
- 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)
- 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)
- 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.
- 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)
- 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)
- 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)
- 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)
- Communications
In addition to correspondence concerning cases on the calendar,
the Commissioners received the following communications:
- 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.
- Letters from Delma Churchwar and Olivia Paniagua regarding
the proposed legislation concerning master tenants and subtenants.
- A copy of the Court of Appeal’s decision in 152 Valparaiso
Associates v. City of Cotati, issued on July 22, 1997.
- Proposed New Regulation 6.15 from Commissioner Marshall regarding
changes in roommates.
- 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).
- Monthly Summary of Rent Board Mediation Agreements for June
1997.
- 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.
- 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.
- 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.
- 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)
- Adjournment
President Lightner adjourned the meeting at 8:13 p.m.