May 30, 2006

Commissioner Justman appeared on the record at 6:20 p.m.; Commissioner Murphy arrived at the meeting at 6:35 p.m.

MSC: To approve the Minutes of May 16, 2006.

(Becker/Gruber: 5-0)

A. SRO Hotel tenant Raymond Smith told the Board that his hotel's policy regarding smoking doesn't adequately deal with the effects of second-hand smoke. He asked that a hearing be convened to address this issue.

B. SRO Hotel tenant John Michael Orchard told the Board that he is a San Francisco native who has lived in many hotels. Mr. Orchard respects the City and noted that his father was a politician.

The landlord's petition for approval of a utility passthrough in the amount of $33.39 per month was granted. The tenant in one unit appeals the decision on the grounds of financial hardship.

The landlord's petition for certification of capital improvement costs was granted, resulting in a monthly passthrough in the amount of $9.33. One tenant and her daughter appeal the decision on the grounds of financial hardship.

The landlord filed three separate petitions for certification of capital improvement costs, which were granted pursuant to Minute Orders. One tenant appeals on the grounds of financial hardship.

The Board convened a second Public Hearing on proposed amendments to the SRO Hotel Visitor Policy at 6:23 p.m. Fifteen individuals testified as follows below:

1. Tenant Bruce Allison of the Isabel Hotel said that there were no blackout dates or problems with check dates at his hotel. Nor were there problems with escorting guests out of the building. Mr. Allison suggested setting up an Ombudsman Program like they have at hospitals.

2. Tenant Aurora Grajeda has lived at the Mission Hotel since 2001. Ms. Grajeda said that treating tenants like they're children becomes a "self-fulfilling prophesy." She believes that "there is still work to be done, but things have been working very well." Ms. Grajeda wants "cleanliness and dignity, like people have in their homes."

3. Tenant Isaac Jackson said that Rapid Transit Cards (RTC) for disabled persons should be added to the list of acceptable IDs.

4. Tenant Miles Kraus wants hotel operators to be able to retain IDs, as he believes that it is better for security. Mr. Kraus believes that this is the only way to track down who's in the building.

5. Brian Quinn, Manager of the Aranda Hotel, told the Board that the tenants in his building thought that IDs should be kept at the front desk as an incentive for visitors to check out. Mr. Quinn said that it is punitive to have to check people out or lose one's visitor rights for thirty days, since a guest could leave without the tenant knowing.

6. Tenant Raymond Smith of the Knox Hotel said that RTC and disabled veteran ID cards should be added to the list of acceptable IDs. Mr. Smith said there is a problem regarding proof of bona fide caregivers. His hotel has a good policy of calling a tenant on the phone to verify that they'd like to receive the visitor.

7. Tenant Deforest Woods of the Windsor Hotel agreed regarding the suggested forms of additional ID. Mr. Woods said that he has had his visitor rights taken away for six months at a time, and that it is a nuisance to have to get one's ID back.

8. Tenant Steve Rodriguez of the Post Hotel said that losing visitor rights for thirty days is a bit harsh, and the rules are not posted in the hotels. Hotel staff rotate frequently and don't give out receipts, but just give the ID back. There is no one at the desk when Mr. Rodriguez leaves for work in the morning, which is a problem.

9. Tony Robles of the Mission SRO Collaborative said that tenants shouldn't lose their visitor privileges for thirty days until the second infraction and that any exclusion of visitors should be accompanied by written notice.

10. Tenants Joseph and Jean of the Pier Hotel said that 30 days is too long to lose visitor rights, and that there should be the same type of penalty for failing to sign a visitor out as with any other infraction. They believe that managers should have to provide a written explanation for 86ing a visitor and that owners and managers should distribute the Visitor Policy to all tenants.

11. Tenant Jonathan Betts of the Aranda Hotel expressed his view that hotels shouldn't hold IDs at all, but could issue a claim check. Mr. Betts said that there is a policy where no hotel will take a tenant for seven years after having been 86ed. Mr. Betts said that "everyone's not equally responsible and it won't help to add further complications."

12. Luis Barahona of the Central City SRO Collaborative said that the issue of retention of IDs is "contentious," even among tenants. IDs get lost, and hotel management isn't willing to provide a receipt, let alone compensation. The Tenderloin Housing Clinic doesn't hold IDs at their hotels, and use a log instead. Mr. Barahona said that 86ing is currently based on favoritism.

13. Dwight Saunders of the Central City SRO Collaborative applauded the Board's efforts, saying that these issues are "paramount in this community." Mr. Saunders believes that, over time, the Board will overturn these "discriminatory restrictions" that are in place just because people are poor.

14. Tenant Andrew Hart of the Alder Hotel said that residential hotels are a good alternative for those who are low-income. He says, however, that he "has a life" after 9:00 and resents having to "check in with mom," since tenants in regular hotels and apartment buildings don't have to go through it.

15. Tenant Allen White thanked the Executive Director and told the Board that the Visitor Policy isn't uniform. Mr. White believes that these are not just hotel rooms, but are peoples' homes. He contends that SRO tenants are being robbed of their dignity, and that their Constitutional rights are being violated. Mr. White pointed out that the document doesn't even call for the policy to be distributed, and tenants don't know how it is enforced.

The Public Hearing ended at 7:00 p.m., at which time the Board discussed the public comments and proposed amendments. Several of the Commissioners were concerned that a loss of visitor rights for 30 days due to a guest's failure to sign out with no written notice constituted a denial of due process; likewise, they felt that the hotel operator should be given a specific period of time to enforce this penalty. The Commissioners also felt that written notice should be provided when someone is 86ed from a hotel. The following additional amendments were suggested (new language underlined; strike-through indicates deleted language):

Since the above changes constitute deviations from agreements reached by the Committee formed to recommend amendments to the Policy, it was agreed that the Executive Director would contact landlord representatives Sam Patel and Henry Karnilowicz. Ms. Wolf will explain that the above represents a consensus of the Board, but that the Commissioners are very interested in input from Mr. Patel and Mr. Karnilowicz prior to the June 20^{th Board meeting, at which time the Board will finalize amendments to the Uniform Visitor Policy.}

^{The Commissioners received the following communications:}

^{A. Two articles from BeyondChron.}

^{B. The office workload statistics for the month of April.}

^{Executive Director Wolf informed the Board as follows:}

^{A. On May 24th, the Land Use Committee of the Board of Supervisors voted to send legislation sponsored by Supervisor Mirkarimi to the full Board with a recommendation to approve the amendment. If enacted, the amendment would require a landlord to have a Just Cause under the Ordinance in order to sever or remove a tenant's garage or parking facilities, storage, or access to common areas or other physical spaces or facilities on the lot.}

^{B. The departmental budget will go before the Board of Supervisor's Budget and Finance Committee for final approval on June 7th. There were no problems at the First Hearing on May 24th.}

^{C. Sadly, prior Tenant Commissioner Frederick Hobson has passed away. Supervisor Daly will be honoring Mr. Hobson at a future Board of Supervisor's meeting.}

^{June 6th & 13th, 2006 - NO MEETINGS}

^{June 20, 2006}

^{6:30 6 appeal considerations}

^{Old Business: SRO Hotel Visitor Policy}

^{President Wasserman adjourned the meeting at 7:55 p.m.}