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September 7, 2004

September 7, 2004

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

Tuesday, September 7, 2004 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 6:04 p.m.

II. Roll Call

Commissioners Present: Becker; Gruber; Hurley; Mosbrucker; Wasserman.

Commissioners not Present: Henderson; Justman; Mosser.

Staff Present: Wolf.

    Commissioner Marshall appeared on the record at 6:16 p.m.; Commissioner Murphy arrived at the meeting at 6:20 p.m.

III. Approval of the Minutes

MSC: To approve the Minutes of August 24, 2004 with the following correction: as to new Rules and Regulations Section 6.16 regarding utility passthroughs, subsection (g)(iv) shall read as follows: "where the laundry facilities are not separately metered in both the `base year' and the `comparison year,' the landlord shall deduct the actual costs of utilities that serve such laundry facilities, if proved by the landlord."

        (Becker/Gruber: 5-0)

IV. Remarks from the Public

    A. Landlord Celia Bloom of the case at 383a Elsie (AT040100) asked how long a tenant could keep appealing a case.

    B. Sarah Norr of the Central City SRO Collaborative spoke in support of a letter to the Commissioners from the Mission SRO Collaborative. Ms. Norr asked that the Board convene a Committee, similar to one convened last year, to examine issues and remaining problems surrounding enforcement of the Residential Hotel Visitor Policy. Ms. Norr asked that the Rent Board "bring the stakeholders together."

    C. Allison Lum, Coordinator for the Mission SRO Collaborative, told the Board that the SRO Collaboratives have been conducting surveys among SRO residents to identify remaining problems with the Visitor Policy. Ms. Lum said that, if the Board takes the time to do the process now, a lot of work won't have to be done "down the road."

V. Consideration of Appeals

    A. 383a Elsie AT040100

The landlord's petition for certification of capital improvement costs was granted. The tenant's appeal on the grounds of financial hardship was accepted and remanded for hearing. The tenant failed to appear at the remand hearing and his appeal was, accordingly, denied. On appeal, the tenant claimed that he did not receive a phone call from Rent Board staff on the day of the hearing, as stated in the Decision. The tenant subsequently failed to respond to staff's request to explain his failure to appear at the hearing.

        MSC: To continue consideration of this appeal to the next meeting in order for staff to attempt to contact the tenant again; no further continuances will be granted to the tenant. (Murphy/Wasserman: 4-1; Gruber dissenting)

    B. 642 Alvarado St. #210 & 302 AT040099 & AT040108

The tenant in unit #302 filed his appeal seventeen days late because he had moved and the Decision had to be forwarded to his new address.

        MSC: To find good cause for the late filing of the appeal. (Becker/Marshall: 5-0)

The landlord's petition for certification of capital improvement costs to the tenants in 24 units was granted, resulting in passthroughs in the amount of $91.46 per month. The tenants in two units appeal, claiming that since they vacated the property during a period when the Decision was stayed, they are not liable for payment of retroactive amounts that were certified.

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

    C. 7 Seymour St. AL040095

The tenant's petition alleging unlawful increases in rent was granted and the landlord was found liable to the tenant in the amount of $10,730.51. On appeal, the landlord claims that: the base rent figure in the Decision is incorrect; and the parties entered into a binding settlement agreement regarding the issue raised in the tenant's petition, which should not be disturbed.

        MSC; To deny the appeal except to remand the case to the Administrative Law Judge for a necessary Technical Correction. (Marshall/Becker: 3-2; Murphy, Gruber dissenting)

    D. 1319 - 19th St. AL040097

The tenant's petition alleging decreased housing services because of the loss of access to the garage was granted and the landlord was found liable to the tenant in the amount of $220.00. The landlord appeals, maintaining that: the tenant's rental agreement does not provide for use of the garage; the utilities in the apartment are in good working order, so there is no need for the tenant to access the garage; the landlord has no knowledge of the circuit breakers in the building having gone off; the tenant failed to prove her case; and the rent reduction is excessive.

        MSC: To deny the appeal. (Becker/Marshall: 5-0)

    E. 307 - 30th Ave. AT040098

The tenants filed a petition seeking a determination of the lawful base rent and alleging decreased housing services and the landlords' failure to repair. The Administrative Law Judge found that the proper rent is $1,775.38, which includes the restoration of a $60.00 monthly reduction for the condition of the bathroom ceiling, which had been repaired by the landlord. Claims of cracked and stained ceilings and chipped exterior paint were granted, and rent reductions in the amount of $60.00 and $40.00 respectively were ordered. A claim regarding a bathroom electrical outlet was denied. Additionally, the failure to repair claim was found not to have been timely filed. The tenants appeal, claiming that: the ALJ overlooked Federal regulations regarding disclosure of lead based paint and lead hazards in housing; the tenants did not fail to provide access to the landlord to repair the bathroom electrical outlet and the landlord had been given notice of the problem; the failure to repair claim was timely filed because the tenants went to Small Claims Court when the rent increase was noticed in January of 2003; and the increase in rent presents the tenants with a financial hardship.

        MSC: To deny the appeal. (Marshall/Murphy: 5-0)

    F. 945 Larkin St. #54 AT040101

The tenant's petition alleging decreased housing services was granted, in part, and the landlords were found liable to the tenant in the amount of $132.00 due to an inaudible telephone entry system. The Administrative Law Judge found that the landlord responded promptly to claims regarding a defective kitchen window and bathroom sink in need of sealant, and so no rent reductions were granted regarding these claims. On appeal, the tenant alleges that: the Administrative Law Judge (ALJ) exhibited bias against her and in favor of the landlord; the ALJ failed to explain procedures pertaining to mediation and arbitration; there are factual inaccuracies in the Decision; and the kitchen window repair was defective and not effectuated in a timely manner.

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

VI. Communications

The Commissioners received the following communications:

      A. A letter from the Central City and Mission SRO Collaboratives regarding the Board's annual review of the Residential Hotel Visitor Policy.

      B. A Memorandum from Senior Administrative Law Judge Sandy Gartzman regarding possible further amendments to newly enacted Rules and Regulations Section 6.16(i).

VII. Director's Report

Acting Executive Director Wolf informed the Board that she had received a call from Acting Planning Department Director Larry Badiner regarding the variance application for the property at 1460 Montgomery. Mr. Badiner appreciated the Board's offer to be of assistance regarding any questions concerning the Rent Ordinance or the impact of any Planning decisions under the Ordinance. Ms. Wolf also informed the Commissioners that she is attending a weekly meeting with other housing department heads, convened by Matt Franklin of the Mayor's Office of Housing, at the request of the Mayor.

VIII. New Business

      Residential Hotel Visitor Policy

The Commissioners briefly discussed the process for their annual review of the Residential Hotel Visitor Policy. Pursuant to the request of the Central City and Mission SRO Collaboratives, Acting Executive Director Wolf agreed to convene a committee of tenant and landlord representatives involved in this issue to make recommendations to the Board prior to the Public Hearing that will be convened this fall.

IX. Calendar Items

September 14, 2004 - NO MEETING

September 21, 3004

7 appeal considerations (1 cont. from 9/7/04)

Old Business:

Proposed Amendments to Newly Enacted Rules Section 6.16(i) Regarding Utility Passthroughs

X. Adjournment

    President Wasserman adjourned the meeting at 7:02 p.m.

Last updated: 10/9/2009 11:26:16 AM