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April 15, 2003

April 15, 2003

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

Tuesday, April 15, 2003 at 6:00 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level

I. Call to Order

Commissioner Gruber called the meeting to order at 6:11 p.m.

II. Roll Call

Commissioners Present: Becker; Gruber; Mosbrucker; Mosser; Murphy.

Commissioners not Present: Lightner; Marshall; Wasserman.

Staff Present: Grubb; Wolf.

Commissioner Justman appeared on the record at 6:52 p.m.

III. Approval of the Minutes

      MSC: To approve the Minutes of April 1, 2003.
      (Becker/Murphy: 3-0)

IV. Remarks from the Public

A. Frank Kalmar, the landlord in the case concerning 66 Hazelwood Ave. (AT030035), told the Board that he only owns one duplex. Mr. Kalmar took out a loan for seismic retrofit of the building and a new bathroom, and his petition for certification of the costs was approved five years ago. The tenant is now saying he didn't know of his right to file a hardship appeal, but Mr. Kalmar claims that the tenant is more educated about the rent law than he is.

V. Consideration of Appeals

A. 598 Flood St./66 Hazelwood Ave. AT030035

The tenant's hardship appeal of a decision certifying capital improvement costs was filed almost five years late because the tenant allegedly did not receive a copy of the decision, and therefore did not know of his right to appeal on the basis of financial hardship.

Because of the lack of a neutral Commissioner at this point in the meeting, consideration of this appeal was continued.

B. 1080 Post St. #1 AT030034

The landlord's petition for certification of capital improvement costs to 8 units was granted. Two tenants in one unit appeal the decision on the grounds of financial hardship.

      MSC: To accept the appeal and remand the case for a hearing on the tenants' claim of financial hardship. (Becker/Murphy: 3-0)

C. 2117 - 48th Ave. AT030032

The tenant's appeal was filed 15 days late because she was out of town when the decision was mailed, and her neighbor did not give her the mail he retrieved for her for some time after her return.

      MSC: To find good cause for the late filing of the appeal. (Becker/Murphy: 3-0)

The landlords' petition for certification of capital improvement costs to 2 of 4 units was granted. One tenant appeals the decision on the grounds of financial hardship.

      MSC: To accept the appeal and remand the case for a hearing on the tenant's claim of financial hardship. (Becker/Murphy: 3-0)

D. 1671 Lombard St. #11 AT030036 & AT030037

The landlords' petition for certification of capital improvement costs to 7 of 12 units was granted. The tenants in one unit appeal the decision on the grounds of financial hardship. Additionally, the tenants are filing to re-open the issue of the one-year hardship deferral of an operating and maintenance expense increase they were granted in March of 2002.

      MSC: To accept the appeal and remand the case for a hearing on the tenants' claim of financial hardship regarding the current capital improvement passthrough and the operating and maintenance expense increase granted in 2002. (Becker/Murphy: 3-0)

E. 759 Harrison St. #2 AL030031

The tenants' petition alleging decreased housing services was granted, in part, and the landlord was found liable to the tenants in the amount of $7,000.00 due to serious habitability defects on the premises. On appeal, the landlord claims that: the subject premises is a commercial space that is not intended for residential occupancy, and therefore the landlord is not required to maintain the unit in a "habitable" condition; it was not reasonably to be expected that the unit would conform to the same standards as a residential unit; several of the conditions existed at the inception of the tenancy and no reduction in services has occurred; and the problem with inadequate heat is caused by partition walls erected by a former tenant, and the current tenants have no incentive to cooperate with removal of the walls.

      MSC: To deny the appeal. (Becker/Murphy: 3-0)

F. 909 Geary St. #424 AL030030

The tenant's petition alleging decreased housing services due to a non-functional elevator was granted and the landlord was found liable to the tenant in the amount of $720.00. The property manager for the building did not appear at the hearing because they did not receive notice. On appeal, the property manager asserts: that the tenant's testimony at the hearing was inaccurate; that the elevator was ordinarily repaired within a 24-hour period; and that when the elevator was out of service for more than 24 hours, it was due to major scheduled repairs.

      MSC: To accept the appeal and remand the case for a new hearing. (Murphy/Becker: 3-0)

G. 143 Jasper Alley AT030033

The landlords' petition for certification of capital improvement costs stemming from seismic retrofitting of the building was granted. One tenant appeals the decision, questioning whether there is a disproportionate allocation of costs since not all tenants in the building use the garage and asserting a claim of financial hardship.

      MSC: To accept the appeal and remand the case for a hearing on the tenant's claim of financial hardship only; the appeal is denied as to all other issues. (Becker/Murphy: 3-0)

H. 1040 Dolores St. #206 AT030029

The landlords' petition for certification of capital improvement costs was granted, in part. The appeals of two tenants were accepted and remanded for a Technical Correction and on two issues raised by the tenants. Upon stipulations from the landlord, a remand decision was issued on the existing record. One of the two tenant appellants now appeals the remand decision on the grounds of financial hardship.

      MSC To accept the appeal and remand the case for a hearing on the tenant's claim of financial hardship. (Becker/Murphy: 3-0)

VI. Communications

In addition to correspondence concerning cases on the calendar, the Commissioners received the following communications:

A. A copy of the Order Granting Writ of Administrative Mandamus in the case of Baba v. Board of Supervisors.

B. A copy of an Ordinance introduced by Supervisor Peskin that changes the way that interest on security deposits is calculated. The legislation will go to Committee on Monday, April 21st.

C. A copy of an Ordinance introduced by Supervisor Peskin conforming the Rent Ordinance to the Ellis Act amendments that took effect on January 1, 2003.

D. New copies of the Ordinance and Rules and Regulations.

E. A copy of the Notice of Public Hearing regarding the Residential Hotel Visitor Policy Ordinance, which will be held on May 6th at 6:30 p.m.

VII. Director's Report

Executive Director Grubb informed the Commissioners that he will be out of town from April 17th through the 23rd, returning to the office on Thursday, April 24th. He also informed the board that amendments to the Rent Ordinance introduced by Supervisor Matt Gonzales were heard before the Housing and Land Use Committee yesterday. Supervisor Gonzales has requested that the 18 proposed amendments be broken into 12 parts to be introduced as stand-alone Ordinances at the pleasure of the Chair.

VIII. Old Business

Brown v. Rent Board (Shiu) (Superior Court Case No. 501394)

In accordance with the Judgment granting the Peremptory Writ of Mandate in the above-captioned case, the Board voted as follows below:

      MSC: To remand the case to the Administrative Law Judge to make a further factual finding of whether the owner has received "written notice" of Cecily Upton's tenancy pursuant to Civil Code Section 1954.53(d)(4). (Becker/Murphy: 4-0)

IV. Remarks from the Public (cont.)

B. The landlord in the case at 143 Jasper Alley (AT030033) asked at what point a landlord stops doing renovations if a tenant is just going to claim hardship after the costs are certified.

IX. Calendar Items

April 22& 29, 2003 - NO MEETINGS

May 6, 2003

9 appeal considerations (1 cont. from 3/18/02)

6:30 Public Hearing: Residential Hotel Visitor Policy Ordinance

X. Adjournment

    Commissioner Gruber adjourned the meeting at 7:10 p.m.

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