April 01, 2003MINUTES OF THE REGULAR MEETING OF
THE SAN FRANCISCO RESIDENTIAL RENT
STABILIZATION & ARBITRATION BOARD,
Tuesday, April 1, 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 6:07 p.m.
II. Roll Call
Commissioners Present: Becker; Gruber; Marshall; Murphy.
Commissioners not Present: Lightner; Mosser;
Wasserman.
Staff Present: Grubb; Lee; Wolf.
Commissioner Justman appeared on the record
at 6:17 p.m.
III. Approval of the Minutes
IV. Consideration of Appeals
A. 1215-1217 - 3rd Ave. AL030024
Two tenant petitions alleging decreased housing services due to the loss of quiet enjoyment of the premises were granted and the landlord was found liable to the tenants in the amounts of $7,400.00 and $9,800.00. On appeal, the landlord's agent claims not to have received notice of the hearing, and attaches the requisite Declaration of Non-Receipt of Notice of Hearing.
B. 1266 - 20th Ave. AL030021 & AT030022
The tenant's petition alleging decreased housing services was granted, in part, and the landlord was found liable to the tenant in the amount of $1,183.50. The tenant appeals, asserting that: the leaking roof was not adequately repaired between October 1990, when the landlord was first notified, and June 2002, when the roof was replaced, despite actual and constructive notice to the landlord; and the landlord had constructive notice that the attempted repairs had not rectified the condition of the front gate and front entry door. The landlord also appeals, claiming that the roof was repaired in April of 2000, and the tenant should have notified the landlord if this was not the case.
C. 1395 Lyon St. #2, 3, 4, 6 & 8 AL030019
The landlord's petition for rent increases based on increased operating expenses was denied because it was found that the landlords had failed to prove an increase in management expenses. On appeal, the landlords claim that: the decision is discriminatory against retired landlords who cannot afford to retain the services of a professional property manager and therefore provide the services themselves; the services provided to the building by the landlord are extensive; the decision contradicts advice given by a different Administrative Law Judge in an earlier case; and there are factual errors in the decision.
D. 141 Albion St. AT030020
The tenant's petition alleging unlawful rent increases was granted and the landlord was found liable to the tenant in the amount of $1,309.89. However, the Administrative Law Judge determined that, pursuant to the agreement of the parties, the tenant is responsible for paying 1/4 of the utility costs for the building. On appeal, the tenant asserts that: there are factual inaccuracies in the decision; she should not have to pay for utilities because it is not required pursuant to the copy of the lease that is in her possession; there is no fair way to determine appropriate utility charges; the Administrative Law Judge placed too much weight on the issue of waiver in rendering his decision; and the tenant uses less utilities than the other units in the building.
E. 117 Farallones St. AL030027 & AT030028
The tenants' petition alleging unlawful rent increases was granted and the landlords were found liable to the tenants in the amount of $4,200.00 in rent overpayments. The portion of the tenants' petition raising claims of decreased housing services was denied. The landlords and the tenants appeal the decision. The tenants claim that the unit is not a legal unit and they should be compensated on that basis. The landlords assert that they should be credited for the lawful amount they could have raised the rent each year; that there was a verbal agreement that the tenants' rent would be increased once additional space became available; and that the rent for the unit was considerably below comparable rents.
F. 849 - 29th Ave. AT030023
The landlord's petition for certification of capital improvement costs to one unit was granted, in part. Rent overpayments in the amount of $1,902.00 were also determined to be owing from the landlord to the tenant. The tenant appeals, claiming that the replacement of the back stairs was necessitated by the landlord's deferred maintenance.
G. 2355 Leavenworth #602 AT030026
The tenant's appeal was filed 23 days late because the tenant was out of town when the decision was mailed.
The landlord's petition for a determination pursuant to Rules and Regulations Section 1.21 was granted, and the Administrative Law Judge found that the tenant was not a "Tenant in Occupancy" at the time the petition was filed. On appeal, the tenant claims that: he re-established residency at the subject unit in September of 2001, and the unit has been his usual place of return after temporary periods of absence since that time.
H. 335 Richland Ave. #A AT030025
The tenant's petition alleging decreased housing services was denied except that the landlords were found liable in the amount of $22.50 due to a broken living room light switch. On appeal, the tenant claims that: the landlord was aware of a problem with insufficient heat in the unit for roughly two years, and a rent reduction should have been granted for this problem; and the $40 per month rent reduction he received from the landlords for removal of his parking privileges did not constitute sufficient compensation.
V. Remarks from the Public
Zulfikar Cumali, the landlord in the case at 1395 Lyon St. (AL030019), said that he was told by an Administrative Law Judge that he was entitled to be reimbursed for his management of the building at the rate of 5-7% of his gross income. Mr. Cumali believes that the Decision of the Administrative Law Judge denying his operating and maintenance expense petition is discriminatory against small landlords, who do the work of managing their property themselves.
VI. Director's Report
Executive Director Grubb passed out "Sunshine Declarations" for the Commissioners to submit with their Statements of Economic Interest.
VII. Old Business
Proposed Amendments to Rules Sections 7.10, 7.11, 7.12 and 7.14 to Implement the "Ammiano" Legislation
Pursuant to the Public Hearing held on March 4, 2003, the Board briefly discussed proposed amendments to the capital improvement provisions of the Rules and Regulations necessitated by the passage of the "Ammiano" legislation with Senior Administrative Law Judge Tim Lee. Staff drafted language to satisfy certain concerns voiced by various Board members, namely: the word "application" was replaced by the word "petition" throughout; Energy-Star-compliant refrigerators were added to the 10-year amortization schedule; it was made clear that a tenant cannot rescind an election unless the amount certified changes pursuant to an appeal; and it was specified that, in the event that more than one petition is filed, the base rent in effect at the time of filing each petition shall be used for purposes of calculating the maximum 15% increase. The Commissioners approved the above changes, and passed the below motion:
MSC: To adopt the proposed amendments to Rules and Regulations Sections 7.10, 7.11, 7.12 and 7.14, as clarified.
VIII. Calendar Items
April 8, 2003 - NO MEETING
April 15, 2003
8 appeal considerations
Old Business:
IX. Adjournment
Vice-President Marshall adjourned the meeting at 7:22 p.m.