To view graphic version of this page, refresh this page (F5)

Skip to page body

October 15, 2002

October 15, 2002

 

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

Tuesday, October 15, 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 6:05 p.m.

    II. Roll Call

                  Commissioners Present: Becker; Gruber; Lightner; Marshall; Murphy.

                  Commissioners not Present: Hobson; Mosser; Wasserman.

                  Staff Present: Grubb; Wolf.

      Commissioner Justman appeared on the record at 6:21 p.m.; Commissioner Aung arrived at the meeting at 6:48 p.m. Commissioner Becker went off the record at 7:55 p.m.

    III. Approval of the Minutes

          MSC: To approve the Minutes of October 1, 2002.

                  (Becker/Gruber: 4-0)

    IV. Consideration of Appeals

      A. 1601 Lombard St. #12 AL020218

    The landlord’s petition seeking a determination as to whether there are any "Tenants in Occupancy" at the subject unit was denied, because the Administrative Law Judge found that two of the current occupants reside at the unit as their principal place of residence. On appeal, the landlord argues that: the tenant took actions after the petition was filed to establish occupancy in the unit but, at the time the petition was filed, she was not a "Tenant in Occupancy"; the tenant does not qualify for protection under the Ordinance because she has been residing out of state for three years; by having sublet the unit, the tenant became a landlord, and had no right to occupy the unit; the decision is beyond the authority of the Rent Board, because it expands the definition of "Tenant in Occupancy"; and the tenant in this case has unclean hands, which should have factored in to the decision.

    After discussion, it was the consensus of the Board to continue this case to the next meeting in order for staff to contact the tenant and find out whether she has moved back in to the subject unit.

      B. 3634 - 23rd St. AL020219

    The tenants’ petitions alleging that they paid more than their proportional share of the rent were granted, and the master tenant was found liable in the amount of $1,133.67 to one of the subtenants and $1,446.90 to the other. The master tenant appeals, claiming that: the Administrative Law Judge exhibited bias against her; the decision was based on a square footage allocation of the rent only, and consideration was not given to the additional housing services that she provided, the procurement of which was costly; the subtenants were not precluded from availing themselves of areas of the unit used exclusively by her; a master tenant should be allowed a "surcharge" for their time and delivery of additional housing services; the subtenants failed to give proper 30-day notice prior to moving out; the petition was not timely filed; and the regulation should not apply to subtenants who have vacated the unit.

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

      C. 270 - 28th St. AT020220

    The tenants’ petition claiming several decreased housing services was denied, except that the landlord was found liable in the amount of $265.50 due to the condition of the exterior rear stairs to the unit. On appeal, the tenants maintain: that evidence and testimony introduced by the tenants as to the noisy garage door opener was not taken into account by the Administrative Law Judge; that the fact that no Notice of Violation was issued is irrelevant; and correspondence from other tenants regarding the petitioners should be stricken from the record.

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

      D. 623 A 15th Ave. AL020221

    The tenant’s petition alleging decreased housing services due to the landlord’s failure to allow a replacement roommate was denied because the Administrative Law Judge found that the tenant had requested, without good cause, the landlord’s consent to a new roommate more than once in a 12-month period. Upon appeal by the tenant, the Board found that good cause existed under the facts of this case, and a commensurate rent reduction was granted on remand. The landlord appeals the remand decision, asserting that the original disallowance of the tenant’s petition and subsequent reversal upon appeal created a 4-month delay for which he should not be held liable.

          MSC: To deny the appeal. (Becker/Marshall: 3-1; Gruber dissenting)

    E. 2045 Hayes St. #2 AL020222

    Three subtenants filed a petition to determine whether their rents on August 22, 2001 were more than the subtenants’ proportional share of the total rent paid to the landlord by the Master Tenant. The Administrative Law Judge found that two of the three subtenants were paying more than their proportionate share of the rent, and the Master Tenant was found liable to the subtenants for rent overpayments. The Master Tenant, who failed to appear at the hearing, appeals, alleging that: she was delayed by a traffic accident, which caused her to miss the hearing; a common living room was only used by two of the subtenants; two of the subtenants knew they would be sharing a room when they moved into the unit; the Master Tenant’s room was the least desirable of all the bedrooms; and a contract between she and the subtenants should not be considered legally valid.

          MSC: To accept the appeal and remand the case for a new hearing. Should the Master Tenant fail to appear again, absent extraordinary circumstances, no further hearings will be granted. (Becker/Marshall: 4-1; Gruber dissenting)

    F. 132-138 Albion St. AL020224

    The landlords’ petition for certification of capital improvement costs was dismissed due to their failure to appear at the properly noticed hearing. On appeal, the landlords claim not to have received notice of the hearing, and attach the requisite Declaration of Non-Receipt of Notice of Hearing.

          MSC: To accept the appeal and remand the case for a new hearing. If the landlord fails to provide a viable address and therefore misses the next hearing, no further hearings will be granted. (Becker/Lightner: 4-1; Gruber dissenting)

 

    G. 2245 Beach St. #2 AL020225

    The landlord filed a petition seeking a determination as to whether the tenant is a "Tenant in Occupancy" pursuant to Rules Section 1.21 and whether a rent increase is justified pursuant to Rules and Regulations Sections 1.21, Rules Section 6.14, and/or Costa-Hawkins. The Administrative Law Judge found that, although the tenant resides at a lodge in the Sierras he leases during the summer months, the subject unit is still the tenant’s principal place of residence and therefore no rent increase was warranted. The landlord appeals, claiming that: the tenant has failed to meet his burden of proving that the subject unit is his principal place of residence; the tenant should be required to furnish tax documents showing that he does not claim a homeowner’s exemption on property he owns in Santa Cruz; the tenant returns to the lodge in the Sierras as frequently as he returns to the subject unit; and it is unfair for the tenant to be able to evict his sub-tenants upon his return, since he would not be able to do so were he an owner of the property.

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

      H. 334-336 - 2nd Ave. AL020203

                      (cont. from 9/17/02)

    The landlord filed a petition seeking a determination of the initial rent for a non-comparable replacement unit. The Administrative Law Judge set the initial rent at $970.00. On appeal, the landlord maintains that the decision is in error in ruling that there are no banked rent increases available to the landlord.

          MSC: To accept the appeal and remand the case to the Administrative Law Judge to find that, under the facts of this case, there is a continuing tenancy and the landlord does not lose the right to impose banked increases prospectively, with the issuance of proper notice. (Lightner/Gruber: 5-0)

        I. 1383 - 18th Ave. AT020209

                    (cont. from 9/17/02)

    The tenant’s petition alleging an unlawful rent increase was granted and the landlord was found liable to the tenant in the amount of $1,970.50. The Administrative Law Judge found that the tenant was a subtenant of a master tenant during the period March 1, 1999 through September 30, 2001 and that any claim regarding overpayments during this period would have to be made against the estate of the master tenant. On appeal, the tenant argues that: the decision allows the landlord’s wrongful retention of an unlawful rent increase from the individual who actually paid it; the master tenant died intestate and without property, so there is no probate or estate against which any claim could have been lodged; the master tenant did not raise the tenant’s rent, but was merely a conduit between the tenant and the landlord; the tenant became a co-tenant upon the landlord having demanded the rent increase of him; and subtenants have the same rights as tenants in seeking recovery of rent overpayments under the Ordinance.

          MSC: To accept the appeal and remand the case to the Administrative Law Judge to determine how much of the wrongful rent increase was paid by the subtenant. Any amount that was wrongfully paid by the subtenant shall be determined to have been held in a constructive trust by the landlord and shall be refunded to the subtenant. A hearing will be held only if necessary. (Lightner/Gruber: 5-0)

      J. 218 Union St. #3 AL020213

            (cont. from 10/1/02)

    The landlord’s petition seeking a determination as to whether the tenant is a "Tenant in Occupancy" pursuant to Rules Section 1.21 was denied. Although the tenant has a homeowner’s exemption on a property in Sacramento, he is separated from his wife and does not commute from Sacramento to his job in Silicone Valley. Rather, he stays as a "guest" several nights a week at a friend’s house in Los Altos. The Administrative Law Judge therefore found that the San Francisco unit is the tenant’s principal place of residence and usual place of return. The landlord appeals, maintaining that: all the indices of residency contained in Section 1.21 point to Sacramento as the tenant’s principal place of residence; the landlord resides in the building and knows from personal knowledge that the tenant is only on the premises 1-2 nights per week; and the San Francisco unit is the tenant’s pied a terre which he uses for business and personal purposes.

          MSC: To accept the appeal and remand the case to the Administrative Law Judge to vacate the decision and find, under the facts of this case, that the tenant is not a "Tenant in Occupancy" pursuant to Rules and Regulations Section 1.21. (Gruber/Lightner: 5-0)

    V. Communications

    The Commissioners received correspondence concerning cases on the calendar.

    VI. Director’s Report

    Executive Director Joe Grubb informed the Board that new counselor Jason Stein and returning Administrative Law Judge Vanessa Davenport have come on board. Kathy Chau, a new 1424 Clerk Typist will begin on November 4th. The department will be restricted to hiring just two temporary Administrative Law Judges due to budgetary reasons.

    VII. Old Business

      A. The Blaine Family Trust v. Rent Board (Perlstadt)

        (Superior Court Case No. 500854)

        Rules and Regulations Section 1.21

    The Board had voted to pursue an appeal of the court’s decision granting the landlord’s Writ at their meeting on September 3rd. At that time, Deputy City Attorney Randy Riddle informed the Commissioners that it might be beneficial to the appeal if the Board clarified Rules Section 1.21 to make it clear that tenants can occupy more than one unit in a building as their principal place of residence. President Wasserman asked that staff draft such language, but that it also be made clear that the units had to have been rented to the tenant(s) in good faith and with the landlord’s knowledge. Senior Administrative Law Judge Tim Lee drafted such language. Additionally, Deputy City Attorney Scott Dickey proposed additional language to make it clear that tenants must really live in the units, and that a tenant could meet the indicia of residency outlined in the regulation, but still not reside in the unit as their principal place of residence. The Deputy Director distributed both versions of the proposed language and discussion of this issue was continued to the October 29th meeting.

      B. Proposed Amendments to Rules and Regulations Section 1.18

    Discussion of this issue was continued to the meeting on October 29th.

    VIII. New Business

      Rules and Regulations Section 6.10(a)

    In March of 2002, the Board amended Rules and Regulations Section 6.10(e) to provide that only the owner who incurred increased debt service and/or property tax costs could file a petition to pass through such costs to tenants. The Deputy Director informed the Board that there is a pending situation where other costs incurred by a prior owner, specifically water and repairs, are being petitioned for. Ms. Wolf asked the Board if they wished to further amend the regulation to make it clear that all expenses must have been incurred by the owner who is filing the petition. The Commissioners requested that the City Attorney be consulted regarding the effect of amending a regulation on pending cases, filed before the effective date of the amendment.

    IX. Calendar Items

      October 22, 2002 - NO MEETING

      October 29, 2002

      12 appeal considerations (1 cont. from 10/15/02)

      Old Business:

        A. Rules and Regulations Section 1.21 (Perlstadt)

        B. Proposed Amendments to Rules and Regulations Section 1.18

        C. Rules and Regulations Section 6.10(a)

    November 5, 2002 - NO MEETING (Election Day)

Additional meetings in November will be on the 12th and 19th; both meetings will begin at 6:30 p.m.

    X. Adjournment

    Vice-President Marshall adjourned the meeting at 8:30 p.m.


 

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