December 09, 1997

President Lightner called the meeting to order at 5:45 p.m.

Commissioners Present: Bierly; Lightner; Marshall; Moore; Mosser; Wasserman.

Commissioners not Present: Becker; Justman; Murphy.

Staff Present: Grubb; Wolf.

Commissioner Gruber appeared on the record at 5:48 p.m.

MSC: To approve the Minutes of November 25, 1997.
(Marshall/Mosser: 5-0)

Robert Pender of the Tenants’ Network informed the Commissioners that there would be a hearing on proposed legislation restricting owner move-in evictions before the Housing and Neighborhood Services Committee of the Board of Supervisors on December 10th at noon. He also remarked on an article in the newspaper concerning a tenant who was shot to death by his landlord.

1. 34 - 6th St. #607 S001-40R

   The tenant’s petition alleging substantially decreased housing services was dismissed due to his failure to appear at the hearing. On appeal, the tenant claims not to have received notice of the hearing because it was mailed to his residence and not to his post office box.

   MSC: To accept the appeal and remand the case for a new hearing. (Wasserman/Marshall: 5-0)

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

1. A letter from Attorney Michael Hall withdrawing a 3-Day Notice to Quit based on the landlord’s having rescinded the tenant’s right to have pets in the unit, pursuant to the Board’s enactment of Rules and Regulations Section 12.20(a).

2. A new roster of Rent Board Commissioners.

3. A letter from landlord Roger Kwan questioning the effectiveness of rent control.

Continued Discussion of Proposed Additions to the Rules and Regulations Pertaining to Changes in Roommates

Commissioner Marshall distributed a revised version of proposed new Rules and Regulations Section 6.15, which would: require disclosure and explanation by the landlord to the tenant of any absolute prohibition against subletting and assignment; explain what constitutes unreasonable withholding by the landlord of consent to a new roommate; and specify that failure by the landlord to consent to a replacement tenant in a unit could constitute a decrease in housing services. It was agreed among the Commissioners present that the proposed Rule, if adopted, would apply only to leases entered into after the effective date of the new Regulation. Because the Commissioners had not had adequate time to review the proposal, discussion of this issue was continued to the January 6, 1998 Board meeting.