Tuesday, June 4, 2002 at 6:00 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level
I. Call to Order
President Wasserman called the meeting to order at 6:09 p.m.
II. Roll Call
Commissioners Present: Aung; Becker; Hobson; Lightner; Mosser;
Wasserman.
Commissioners not Present: Gruber; Marshall; Murphy.
Staff Present: Grubb; Wolf.
Commissioner Justman appeared on the record at 6:26 p.m.
III. Approval of the Minutes
IV. Remarks from the Public
A. John Kennaugh, representing the tenant at 2117 Larkin (AL020114), said
that the summary of the appeal on the Agenda did not reflect the issues
raised in the appeal.
B. Joseph Brajkovich, the landlord in the case at 161 Jordan Ave. (AL020119),
said that the Commissioners had not looked at the relevant Housing Code
Section; that the tenant never showed the landlord that the plaint and plaster
were peeling; and that the tenant lied and "takes advantage of the
Rent Board."
C. Alan Miloslavich, the tenant at 161 Jordan Ave. (AT020118), said that
the Department of Building Inspection is objective, and they had issued
a citation. Mr. Miloslavich explained that he was asking for more on appeal
because he was unable to reside in the unit during the ten day-period that
he was painting it.
V. Consideration of Appeals
A. 2117 Larkin St. AL020114
The tenant’s petition alleging unlawful increases in rent and decreased housing
services was granted. The landlord was found liable to the tenant in the amount
of $326.40 due to the tenant no longer having exclusive use of the premises,
due to the landlord’s having moved non-rent paying family members of his own
choosing into the unit. Additionally, the parties were instructed to calculate
the amount of rent overpayments owing from the landlord to the tenant, since
the actual dates of rent increases and amounts of rent paid by the tenant
were not known to the Administrative Law Judge. The landlord appeals, claiming
that: the 92-year old landlord was unable to identify the tenant when she
tendered the rent check to him early this year; and the petitioner is an unauthorized
tenant whose recent rent checks have been returned to her.
B. 817 Hayes St. AL020116
The landlord’s petition for certification of the cost of a new roof was granted.
The petition was consolidated with the tenant’s petition alleging unlawful
rent increases on a garage space he rents on the premises, for which the landlord
was found liable to the tenant in the amount of $3,114.90. On appeal, the
landlord asserts that: the garage rental was a separate agreement entered
into after the tenancy commenced and is not subject to the rent increase limitations
of the Ordinance because it was not supplied in connection with the rental
unit.
C. 376 Ellis St. #405 AL020117
The tenant’s petition alleging decreased housing services was granted and
the landlord was found liable to the tenant in the amount of $1,200.00 due
to the lack of clean hallways, a temporary period of no heat and intermittent
elevator service. The landlord appeals, asserting that: he cannot be held
liable for habitability defects during the period prior to his ownership of
the building; two full-time resident managers are retained to clean the hallways,
among other duties; and the elevators are repaired as needed, on an ongoing
basis.
D. 161 Jordan Ave. #3 AT020118 & AL020119
The tenant’s petition alleging decreased housing services due to the need
for interior painting of the unit was granted, and the landlord was found
liable to the tenant in the amount of $625.00. On appeal, the landlord claims
that: the Administrative Law Judge was influenced by prior decisions of which
she took administrative notice in the decision; according to the applicable
Housing Code section, if the walls and ceilings of the bedrooms are free of
mildew, dampness and vermin, the landlord is not required to paint the unit;
and it is not true that the tenant showed the landlord places where the paint
was peeling in the unit. The tenant also appeals, claiming that he could not
live in his apartment during the time that he was painting it, and asking
to be additionally reimbursed in the amount of $414.32.
The tenants filed a petition alleging decreased housing services and requesting
that the Rent Board determine whether the current rent is a lawful amount.
The petition was dismissed when the tenants failed to appear at the properly
noticed hearing. On appeal, the tenants explain that they received a letter
from the Rent Board stating that their eviction case had been closed, and
thought that this applied to their tenant petition as well.
F. 866 Jackson St., Apt. 206 AT020122
The landlords’ petition to certify capital improvement costs was granted
pursuant to a Minute Order. One tenant appeals on the grounds of financial
hardship.
VI. Communications
In addition to correspondence concerning cases on the calendar, the Commissioners
received the following communications:
A. A copy of a letter from the Executive Director to Robert Pender of the
Parkmerced Residents’ Organization (PRO).
B. A copy of legislation introduced by Supervisor Gonzales at the Board
of Supervisors’ meeting on Monday, June 3rd. Deputy Director
Wolf went over the proposed amendments to the Rent Ordinance with the Commissioners.
IV. Remarks from the Public (cont.)
D. Landlord Joseph Brajkovich of 161 Jordan repeated his charge that the
Commissioners hadn’t looked at the documents he submitted with his appeal.
Mr. Brajkovich believes that Housing Code Section 1301 "exonerates"
him. Mr. Brajkovich said that the Administrative Law Judges "make mistakes
all the time", but that he refuses to lie.
VII. Director’s Report
Executive Director Grubb informed the Board that Supervisor Peskin’s proposed
amendment regarding interest on security deposits would be heard in Committee
on Thursday, June 6th.
X. Calendar Items
June 11, 2002 - NO MEETING
June 18, 2002
6 appeal considerations (1 rescheduled from 6/4/02)
XI. Adjournment
President Wasserman adjourned the meeting at 7:26 p.m.