December 16, 2003MINUTES OF THE REGULAR MEETING OF
THE SAN FRANCISCO RESIDENTIAL RENT
STABILIZATION & ARBITRATION BOARD,
Tuesday, December 16, 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
6:17 p.m.
II. Roll Call
Commissioners Present: Becker; Gruber; Henderson;
Marshall; Mosbrucker; Mosser; Wasserman.
Commissioners not Present: Justman; Lightner.
Staff Present: Grubb; Wolf.
Commissioner Murphy appeared on the record at
6:27 p.m.
President Wasserman expressed the Board's welcome to new Alternate Tenant Commissioner Deborah Henderson. Additionally, since she was unable to attend the staff party, President Wasserman extended holiday wishes to the "hardest-working staff and best-run agency in town." Commissioner Becker asked that this be a resolution of the Board, which received no dissent.
III. Approval of the Minutes
IV. Remarks from the Public
Tenant Gary Near of 1408 California (AT030346 & -47) told the Commissioners that the opposing party has registered no objection to his "good cause" request for postponement of tonight's scheduled consideration of his appeal. Mr. Near believes that the Administrative Law Judge has a "statutory obligation" to respond to the Declaration submitted by seven tenants in the building.
V. Consideration of Appeals
A. 2033 Turk St. AL030350
The tenant's petition alleging decreased housing services
was granted and the landlords were found liable to the tenant in the amount
of $540.00 due to leaks in the unit. On appeal, the landlords claim that there
is no decrease in services because there is no evidence of recent or current
water intrusion into the unit.
MSC: To accept the appeal and remand the case to the
Administrative Law Judge to re-open the record on the past and present status
of the leaks in the unit; a hearing will be held only if necessary. (Wasserman/Gruber:
4-1; Becker dissenting)
B. 1414 Taraval #2 AL030348
The tenants' petition alleging decreased housing services
was granted and the landlords were found liable to the tenants in the amount
of $120 due to a rodent infestation in the unit. On appeal, the landlords
claim that: the delays in eradicating the problem were the fault of the tenants;
the tenants failed to avail themselves of pest control items purchased for
them by the landlords; and the tenants failed to make themselves available
for the exterminator.
Since the landlords had provided an additional submission
prior to the meeting that had not been timely served on the tenants, the Board
voted as follows below:
C. 1408 California AT030346 & -47
The landlord's petition for certification of capital
improvement costs to 24 of 37 units was granted, resulting in maximum monthly
passthroughs in the amount of $50.08. The tenants in two units appeal the
decision, asserting that: a written transcript is necessary in order for the
Board to decide the appeal, because of procedural irregularities, errors and
abuses of discretion by the Administrative Law Judge; the landlord failed
to prove the claimed costs and payment thereof; the evidence taken at the
hearing is in conflict with the Findings and Conclusions in the Decision;
the tenants' voluminous evidence was ignored; the tenants were denied their
due process rights; and some of the landlord's evidence was fraudulent.
D. 727-731 Florida St. #202 AL030344
The tenants' petition alleging unlawful rent increases
and decreased housing services was granted and the landlord was found liable
to the tenants in the amount of $833.21 for rent overpayments and $3,230.00
due to roof leaks and water and mold damage. The landlord appeals, asserting
that: the tenants failed to provide conclusive proof of the allegedly unlawful
rent increase; the tenants signed a General Release in settlement of the tenants'
decreased housing claims; the roof was repaired within a reasonable amount
of time, it was thought that patching had alleviated the problem, and delays
were due to factors outside the landlord's control; the tenants failed to
notify management of their complaints and have failed to cooperate with the
landlord's repair attempts; the amount granted is excessive, considering the
fact that it rains predominantly in the winter months; and the decision needs
a Technical Correction as to the number of months for which the rent reduction
was granted.
MSC: To recuse Commissioner Becker from consideration
of this appeal. (Marshall/Murphy: 5-0)
MSC: To deny the appeal except to remand the case
to the Administrative Law Judge for necessary Technical Corrections to
the Decision. (Marshall/Henderson: 3-2; Gruber, Murphy dissenting)
E. 376 B 2nd Ave. AL030345
The tenant's petition alleging decreased housing services
and the landlord's failure to repair was granted and the landlord was found
liable to the tenant in the amount of $327.60 due to unsafe back stairs. An
annual rent increase was also ordered deferred until the staircase is replaced.
On appeal, the landlord claims that: the back stairs are to be used for emergencies
only, and not for entering or exiting the building on a daily basis; the back
stairs were always blocked by the tenant's belongings; delays have been caused
by the Planning Department; a Notice of Violation was not issued; the tenant
did not request the repairs; and the tenant is economically motivated.
MSC: To recuse Commissioner Becker from consideration
of this appeal. (Gruber/Marshall: 5-0)
MSC: To deny the appeal. (Marshall/Henderson:
3-2; Gruber, Murphy dissenting)
F. 67 Fresno St. #9 AL030349
The tenant's petition alleging an unlawful increase
in rent from $869.00 to $1,500.00 was granted because the Administrative Law
Judge found that the proposed rent increase was not warranted by Rules Section
6.14 or Costa-Hawkins. On appeal, the landlord maintains that: the Administrative
Law Judge should have recused herself from hearing the case after discovering
that she was related to the landlord; and the decision is contrary to the
applicable law and not supported by substantial evidence.
President Wasserman wished the Minutes to reflect
that the Administrative Law Judge is not related to the landlord in this case.
G. 520 So. Van Ness #379 AL030320
The tenant's petition alleging decreased housing services
because the residential hotel was in violation of the provisions of the Uniform
Visitor Policy was granted and the landlord was found liable to the tenant
in the amount of $480.00. On appeal, the landlord maintains that: the value
placed on the decreased housing services is unreasonable considering the amount
of rent paid by the tenant; the hotel's Visitor Policy constitutes a reasonable
interpretation of the Uniform Visitor Policy; there is no language in the
Visitor Policy preventing a landlord from limiting visitors to one at a time;
serious overcrowding and diminished quality of life would result from allowing
each tenant to have two visitors at a time; the practice of limiting consecutive
overnights takes into account the needs of the hotel to maintain health and
safety and the rights of other tenants; and any relief granted should apply
prospectively only.
MSC: To recuse Commissioner Mosser from consideration
of this appeal. (Becker/Murphy: 5-0)
MSC: To deny the appeal except to remand the case
to the Administrative Law Judge to re-structure the rent overpayments
so that the amount is recovered over a 12-month period at the rate of
$40 per month; a copy of the Decision shall be sent to the third party
payor, if any.
(Marshall/Wasserman: 4-1; Gruber dissenting)
VI. Communications
The Board received several communications concerning
cases on the calendar.
VII. Calendar Items
December 23 & 30, 2003 - NO MEETINGS
January 6, 2004
Executive Session:
8 appeal considerations (1 cont. from 12/16/03)
Old Business:
VIII. Adjournment