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June 18, 2002

June 18, 2002

 

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

Tuesday, June 18, 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 6:10 p.m.

    II. Roll Call

    Commissioners Present: Aung; Becker; Gruber; Hobson; Marshall; Mosser; Murphy; Wasserman.

    Staff Present: Grubb; Wolf.

      Commissioner Lightner appeared on the record at 6:14 p.m.; Commissioner Justman appeared at 6:16 p.m.

    III. Approval of the Minutes

          MSC: To approve the Minutes of June 4, 2002.
          (Becker/Wasserman: 5-0)

    IV. Consideration of Appeals

    A. 4045-4047 Cabrillo St. AL020123

    The landlord’s petition for certification of capital improvement costs to one unit was granted. However, rent overpayments in the amount of $3,348.68 were determined to be owing from the landlord to the tenants. Additionally, the notice of rent increase was found to have been given to the tenants prior to the petition having been filed, so that any amounts paid by the tenants for the capital improvement passthrough were ordered refunded. The landlord appeals, claiming that the tenants had partially corrected the errors made by the landlord regarding the anniversary date and amount of rent increase; and that the notice of rent increase was dated prior to the petition’s having been filed, but not served upon the tenants until afterwards.

          MSC: To accept the appeal and remand the case to the Administrative Law Judge to determine when the notices of rent increase were served; a hearing will be held only if necessary. The appeal is denied as to all other issues. (Becker/Murphy: 5-0)

    B. 278 Page St. AL020125

    The landlord’s appeal was filed one day late because the landlord had surgery from which he is still recovering.

          MSC: To find good cause for the late filing of the appeal. (Becker/Gruber: 5-0)

    The tenant’s petition alleging a substantial reduction in housing services due to lack of access to a common dining room and den was granted, and the landlord was found liable to the tenant in the amount of $2,281.25. On appeal, the landlord claims that the tenant is causing him great mental and physical suffering; the decision exacerbates his financial burdens; and he would be negatively impacted by having to increase the tenant’s living space.

          MSC: To accept the appeal and remand the case for a hearing on the issue of landlord hardship only. (Becker/Gruber: 5-0)

    C. 2432 Fulton St. AT020126

    The tenant filed a petition requesting a determination as to whether the occupant is a "Tenancy in Occupancy" pursuant to Rules and Regulations Section 1.21. The Administrative Law Judge found that the subject unit appears to be used for storage purposes only, and that the landlord is therefore entitled to an unlimited rent increase. The tenant failed to appear at the properly scheduled hearing. On appeal, the tenant claims that the decision is in error due to partial, withheld, and misleading evidence, and that several weeks’ delay in processing mail is typical of the tenant’s 27 years of employment as a physicist.

          MSC: To deny the appeal. (Gruber/Murphy: 5-0)

    D. 455 Hyde St. #42 AL020121

    The landlord filed a petition seeking a determination as to whether any of the tenants are "Tenants in Occupancy" pursuant to Rules Section 1.21, and whether a rent increase is justified pursuant to Rules Section 6.14 and/or Costa-Hawkins. The Administrative Law Judge found that since the original tenant was only temporarily absent from the unit to take care of an ill relative, no rent increase was warranted. On appeal, the landlord claims that the facts do not support the decision in that: the tenant owns property in San Jose, where he lives with his family; the tenant provided no documentary evidence that the subject unit is his principal place of residence; the decision is based entirely on the tenant’s testimony; and the tenant has evidenced no intent to return to the subject unit.

          MSC: To deny the appeal. (Becker/Marshall: 4-1; Gruber dissenting)

      E. 1935 Franklin St. #503 AL020115

    The landlord’s petition for a rent increase based on comparable rents was granted, and a rent increase from $930.00 to $1,650.00 was approved. The landlord was also found liable to the tenants in the amount of $59.52 due to a one-month overpayment in rent. The Administrative Law Judge found that the prior resident manager of the building had approved the tenants’ exchanging units in the building at the same rent, but lacked the authority to do so, which constituted fraud or "some other reason" for the tenants’ rent having been set low. The tenants’ appeal of the portion of the decision allowing the comparables rent increase was accepted at the October 30, 2001 Board meeting and remanded with the sense of the Board that no comparables rent increase was warranted in this case. The landlord’s appeal was also remanded on the issue of allowable banking only. In the Decision on Remand, the comparables increase is denied, but banking is allowed back to 1995, which was the commencement date of the assigned tenancy. The landlord appeals the remand decision, asserting that: if a tenant asks to be moved into a new unit in the same building, a new tenancy is created in that unit and the length of occupancy in that unit is determinative for purposes of a comparables increase; there have been only negligible rent increases since the unit was last empty, so the initial rent was set very low; a special relationship can be inferred between the tenants and the prior resident manager; new evidence submitted at the comparables hearing was ignored; the case of Vega v. City of West Hollywood requires that there be a mechanism for an owner to receive market rent at the time the unit comes under rent control; the Administrative Law Judge heard all the evidence and her original decision should not have been disturbed; the decision is in error as to the inception date of the assigned tenancy; and there were no unlawful rent increases by the current or prior owner.

          MSC: To recuse Commissioners Lightner and Becker from consideration of this appeal. (Becker/Lightner: 5-0)

          MSC: To accept the appeal and remand the case to the Administrative Law on the issue of the rent history; to grant the rent increase based on comparables approved in the first Decision on Remand prospectively only; and to waive any retroactive amounts that would be owed by the tenants due to the comparables rent increase being approved.

                  (Murphy/Gruber: 4-1; Marshall dissenting)

    F. 1620 Grove St. AT020124

    The landlord’s petition for rent increases to two units based on increased operating expenses was granted. The tenant in one unit appeals on the grounds that the decision is mistaken regarding the anniversary date for her annual rent increase.

          MSC: To accept the appeal and remand the case to the Administrative Law Judge to determine the tenant’s proper anniversary date; a hearing will be held only if necessary. (Gruber/Murphy: 5-0)

    V. Communications

    In addition to correspondence concerning cases on the calendar, the Commissioners received the office workload statistics for the month of May 2002.

    VI. Director’s Report

    Executive Director Grubb informed the Board that Supervisor Peskin’s legislation changing the way that interest on security deposits is calculated passed on First Reading at the Board of Supervisors. The legislation has been amended to remove any retroactive provisions. The Rent Board will post the interest rate annually. Mr. Grubb also told the Commissioners that the departmental budget would be heard at the Board of Supervisors on Wednesday, June 19th.

    VII. Calendar Items

      June 25, July 2 & July 9, 2002 - NO MEETINGS

      July 16, 2002

      8 appeal considerations

    VIII. Adjournment

    President Wasserman adjourned the meeting at 7:50 p.m.


 

 

Last updated: 10/9/2009 11:26:15 AM