February 18, 2003

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

Tuesday, February 18, 2003 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; Lightner; Marshall; Mosser.

Commissioners not Present: Gruber; Murphy; Wasserman.

Staff Present: Grubb; Wolf.

Commissioner Justman appeared on the record at 6:20 p.m.

III. Approval of the Minutes

IV. Remarks from the Public

A. Ron Rattner, representing the tenant at 333 Fillmore (AT020632), asked that the Board reconsider their procedures, which do not require that a respondent file a response prior to the hearing. Mr. Rattner feels that it is unfair to the petitioner not to know what the other side is going to contend, as you do in court.

V. Consideration of Appeals

A. 654 So. Van Ness AT020568

The tenant filed two petitions alleging that the landlord failed to perform requested repairs required by law. The Administrative Law Judge denied both petitions because the landlord had abated the defective conditions prior to the effective date of the rent increase. The tenant appeals, maintaining that the dining room and kitchen have not been painted for ten years, and that the paint is peeling in both rooms.

After discussion, it was the consensus of the Board to continue consideration of this appeal to the next meeting in order to obtain additional information from the Administrative Law Judge.

B. 254 Broad St. AL030001

The tenant's petition alleging decreased housing services and unlawful rent increases was granted and the landlord was found liable to the tenant in the amount of $1,835.00 for rent overcharges and $2,706.00 due to decreased housing services. The landlord failed to attend the hearing. On appeal, the landlord maintains that neither he nor his agent received the Notice of Hearing, and attaches the requisite Declaration of Non-Receipt of Notice of Hearing.

C. 1031-1039 Scott St. AL020631

The landlord's petition for certification of capital improvement costs to four of six units was granted, in part. The landlord appeals the decision on the grounds that: the new roof over an addition at the rear of the building only benefits the units underneath that roof; and time spent acquiring and transporting materials to the site of the work should be allowed as uncompensated labor costs.

D. 1844 Mason St. AL020634

The tenants' petition alleging a reduction in housing services due to the loss of use of a roof deck was granted and the landlord was found liable to the tenants in the amount of $40 per month ($480). The landlord appeals, claiming that: the tenant's testimony in this case is at variance with testimony he offered in another case; the letters submitted by the tenant as evidence are suspect; the rent reduction should commence as of April, 2002, when it was established that the deck was constructed without permits; and $40 per month is excessive, considering that the tenants did not have exclusive use of the deck.

E. 333 Fillmore St., Apt. 6 AT020632

The tenant filed a petition alleging decreased housing services, unlawful rent increases, and asking for a determination as to the legality of the base rent. The claim of unlawful rent increase was granted and the landlord was found liable to the tenant in the amount of $726.00. The portion of the tenant's petition alleging decreased housing services was denied, since the Administrative Law Judge found that the tenant failed to prove that parking was a housing service provided by the landlord at the inception of the tenancy and that it was included in the base rent. The tenant appeals, claiming that: since he parked in the garage from the inception of the tenancy, parking was furnished with the unit and his base rent included consideration for this service; and the Administrative Law Judge erred in disregarding testimony from the tenant and witnesses and in accepting implausible, false testimony from the landlord's representative. The tenant also requests an opportunity to produce further evidence supporting his petition and contradicting the landlord's defense.

F. 755-757 Green St. AT020571 & -72

The landlord filed a petition seeking rent increases for two units based on comparable rents. The occupants of the units are related to the landlord, and have never paid rent. Prior to adjudicating the merits of the proposed comparables increases, the Administrative Law Judge issued a decision finding that the Rent Board has jurisdiction over the subject units. The tenants appeal the finding of jurisdiction, arguing that this is a family relationship; the parties are not landlord and tenants; and that the landlord promised that the tenants could live in the units rent-free forever. The tenant in unit #3E also appeals on the grounds that the proposed comparables increase is too high.

G. 307 - 30^th Ave. AT020635

The tenants' petition alleging decreased housing services was denied because the Administrative Law Judge found that the conditions were not substantial or that the landlords remedied the defects within a reasonable period of time. On appeal, the tenants assert: that the Notice of Violation issued to the landlords states that the building is unsafe; that laundry trays in the garage were removed, for which the tenants deserve compensation; and that there are special circumstances in this case which warrant a rent reduction, including the hardship that the restoration of the prior base rent amount would pose for the tenants.

H. 811 - 32^nd Ave., Upper Level AT020633

The tenant's appeal was filed six days late because the tenant works six days a week and had a difficult time preparing the appeal.

The tenant's petition alleging decreased housing services due to alleged harassment on the part of the landlord was denied. The tenant appeals, claiming that: the decision is based on lies on the part of the landlord; the tenant's unit is separate from the landlord's, and the landlord has no right to enter the tenant's unit without permission; the Administrative Law Judge ignored evidence provided by the tenant; the landlord breached the covenant of quiet enjoyment of the unit; and the landlord failed to provide a key to the rear door of the tenant's unit.

I. 1285 Palou Ave. AL020636

The tenants' petition alleging unlawful rent increases was granted and the landlord was found liable to the tenants in the amount of $2,339.84. The landlord is the niece of the tenants, and the original agreement provided that the tenants would pay half the mortgage, plus taxes and insurance, which went up considerably upon the sale of the property. Upon appeal, the landlord claims that the decision is in error as to the rent history.

J. 1435 Washington St. #12 AT020637

The landlords' petition for certification of capital improvement costs to 6 of 12 units was granted. One tenant appeals the decision, claiming that the new radiator control in her unit was not installed properly, which causes it to leak.

K. 213 A Bocana St. AL020554

The tenants' petition alleging unlawful rent increases and decreased housing services was granted, in part, and the landlord was found liable to the tenants for rent overpayments in the amount of $59.12, and $4,598.75 due to lack of a permanent heating source. On appeal, the landlord claims that: the tenants failed to meet their burden of proving there was inadequate heat in the unit; the landlord was not made aware that there were code violations on the premises upon purchasing the building; the tenants did not provide access to the unit in order for repairs to be effectuated; and documentation provided to the Rent Board by the tenants was not provided to the landlord prior to the hearing.

VI. Communications

In addition to correspondence concerning cases on the calendar, the Commissioners received a copy of the Board's Decision on Appeal in the case concerning 1670 Clay Street (AT020245), heard and decided on January 7, 2003. Approval of the decision was continued to the next meeting.

VII. Director's Report

Executive Director Grubb informed the Commissioners that new Tenant Alternate Commissioner Cathy Mosbrucker would be sworn in on February 28^th at 4:30 in the Mayor's Office. Ms. Mosbrucker will be Commissioner Becker's Alternate.

IV. Remarks from the Public (cont.)

B. Tenant Lillian Leung, involved in the case at 811 - 32^nd Ave. (AT020633), inquired as to the disposition of her appeal, and asked why it was denied.

VIII. Calendar Items

February 25, 2003 - NO MEETING

March 4, 2003

10 appeal considerations

6:30 Public Hearing: Proposed Amendments to Rules Sections 7.10, 7.11, 7.12 and 7.14 to Implement the "Ammiano" Legislation

IX. Adjournment