MINUTES OF THE REGULAR MEETING OF
THE SAN FRANCISCO RESIDENTIAL RENT
STABILIZATION & ARBITRATION BOARD,
Tuesday, December 13, 2005 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 6:10 p.m.
II. Roll Call
Commissioners Present: Becker; Gruber; Henderson; Hurley; Mosbrucker; Mosser; Wasserman.
Staff Present: Lee; Wolf.
Commissioner Marshall appeared on the record at 6:16 p.m.; Commissioner Justman arrived at the meeting at 6:19 p.m.; and Commissioner Murphy appeared at 6:20 p.m.
III. Approval of the Minutes
MSC: To approve the Minutes of November 15, 2005.
(Becker/Gruber: 5-0)
IV. Remarks from the Public
A. Tenant Michael Lewis of 522 Fell St. #2 (AT050241) told the Board that the letter submitted by the landlord did not state the correct amount of rent that the tenants are paying.
V. Consideration of Appeals
A. 839 Rutland St. AT050239
The tenant’s petition alleging an unlawful rent increase was dismissed due to her failure to appear at the properly noticed hearing. On appeal, the tenant explains that she mis-read the notice time, and came in for the 9:00 hearing at 1:00 p.m.
MSC: To accept the appeal and remand the case for a new hearing. Should the tenant again fail to appear no further hearings will be granted, absent extraordinary circumstances.
B. 48 Annapolis Terr. AT050238
The landlord’s petition for certification of capital improvement costs to the tenant in one unit in a two-unit building was granted, resulting in a monthly passthrough in the amount of $62.21. The tenant appeals the decision on the grounds of financial hardship.
MSC: To deny the appeal. (Gruber/Hurley: 3-2; Becker,
Marshall dissenting)
C. 610 Hyde St. #403 AT050240
The landlords’ petition for certification of capital improvement costs to fifteen of thirty-six units was granted, resulting in a monthly passthrough in the amount of $34.44. The tenant in one unit appeals 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. (Marshall/Becker: 5-0)
D. 522 Fell St. #2 AT050241
The landlord’s petition for rent increases to the tenants in two of six 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/Marshall: 4-1; Gruber dissenting)
E. 1000 Chestnut 3B & 2F AT050242 & -43
The landlord’s petition for certification of capital improvement costs to twenty-six of eighty-four units was granted. The tenants in two units appeal the Decision on the grounds of financial hardship.
MSC: To accept the appeal of the tenants in unit #3B and remand the case for a hearing on the tenants’ claim of financial hardship. (Becker/Marshall: 5-0)
MSC: To accept the appeal of the tenant in unit #2F and remand the case for a hearing on the tenant’s claim of financial hardship. (Becker/Marshall: 5-0)
F. 945 Larkin St. #54 AT050244
The tenant’s petition alleging decreased housing services was administratively dismissed because the tenant’s claims concerning lack of heat were previously decided in another case. The tenant appeals, claiming that: there were errors in the prior Decision; and she should have been allowed to pursue her claim against the prior, rather than the successor landlord, since that was who was responsible for the lack of heat in the unit.
MSC: To deny the appeal. (Murphy/Gruber: 5-0)
G. 21 Beulah AL050245
The tenant’s petition alleging an unlawful increase in rent from $786.18 to $2,500.00 per month was granted. The Administrative Law Judge found that the landlord failed to prove that a 6.14 notice, or its equivalent in 1982, was served on the tenant within a reasonable time of actual knowledge of his occupancy in the subject unit. On appeal, the landlord claims that: the landlord’s known practice of issuing 6.14 notices during the subject time period should be sufficient to demonstrate that the tenant received such an Addendum to his lease; it is unreasonable for the landlord to have to produce a document created more than twenty years ago; the issuance of a 6.14 notice was not required; it is a violation of substantive due process to transfer the benefits of rent control to this subsequent occupant when the unit has not been decontrolled for over twenty-five years; and the landlord is entitled to a rent increase based on extraordinary circumstances.
MSC: To deny the appeal. (Marshall/Becker: 5-0)
H. 971 Guerrero St. AL050246
The landlords’ Petition for Extension of Time to Do Capital Improvement Work was denied because the landlords failed to file the Petition immediately upon knowing that the project would be delayed due to the continued occupancy of one of the units in the building. The landlords appeal, maintaining that: it is not within the jurisdiction of the Administrative Law Judge to decide what the word “immediately” means in this context; the Decision raises procedural barriers to the Unlawful Detainer process; the Rent Board created a further procedural barrier by not scheduling the hearing within thirty days; and there are factual errors in the Decision.
MSC: To deny the appeal but find no bad faith on the part of the landlord; and to remand the case to the Administrative Law Judge to make necessary Technical Corrections to the Decision. (Gruber/Murphy: 5-0)
VI. Communications
In addition to correspondence concerning cases on the calendar, the Commissioners received the following communications:
A. A Pending Litigation Report prepared by Senior Administrative Law Judge Tim Lee.
B. A copy of the Decision in Vallejo St. Company v. Rent Board (Superior Court No. CPF-03-503161).
C. A letter to Board President Wasserman from Lora Traveler, President of the Parkmerced Residents’ Organization, regarding an influx of students into housing at Parkmerced, and the resulting disruptions to the community.
D. Several articles from Beyond Chron, the San Francisco Examiner and the San Francisco Chronicle.
E. The office Monthly Workload Statistics for the month of October 2005.
VII. Director’s Report
Executive Director Delene Wolf informed the Board that the annual allowable rent increase as of March 1, 2006 would be 1.7%.
IV. Remarks from the Public (cont.)
B. Malika Moyer told the Commissioners that a friend of his is currently trying to appeal the discontinuance of her Section 8 voucher.
VIII. Calendar Items
December 20th & 27th, 2005 - NO MEETINGS
January 3, 2005
6 appeal considerations
IX. Adjournment
President Wasserman adjourned the meeting at 7:10 p.m.