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September 19, 2006

September 19, 2006

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

Tuesday, September 19, 2006 at 6:30 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level

I. Call to Order

Vice-President Marshall called the meeting to order at 6:40 p.m.

II. Roll Call

Commissioners Present: Becker; Gruber; Hurley; Marshall; Mosser.

Commissioners not Present: Henderson; Wasserman.

Staff Present: Lee; Wolf.

Commissioner Murphy appeared on the record at 6:42 p.m.; Commissioner Mosbrucker arrived at the meeting at 6:44 p.m.; and Commissioner Justman appeared at 6:45 p.m. Commissioner Marshall went off the record at 7:45 p.m.

III. Approval of the Minutes

MSC: To approve the Minutes of September 5, 2006.

(Gruber/Hurley: 4-0)

IV. Remarks from the Public

A. Tenant Robert Rivkin of 1770 Broadway (AT060078) asked whether there would also be time for public comments after the consideration of appeals.

V. Consideration of Appeals

A. 810 Gonzalez Dr. #7J AT060081

The landlord's petition for a utility passthrough for 68 of 153 units at Parkmerced was granted. One tenant appeals the Decision on the grounds of financial hardship.

MSC: To recuse Commissioner Becker from consideration of this appeal. (Gruber/Murphy: Approved by acclamation)

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

B. 750 Gonzalez Dr. #9F AT060083

The landlord's petition for a utility passthrough for 90 of 153 units at Parkmerced was granted. The tenants in one unit appeal on the grounds that: too many people are living in the units at the complex, resulting in excessive use of the elevators, laundry room and garbage services; unlawful activities are taking place, especially at night; the management uses their building for storage of equipment and their workers come in early in the morning; and there is no control over who is entering the building.

MSC: To recuse Commissioner Becker from consideration of this appeal. (Gruber/Murphy: Approved by acclamation)

MSC: To deny the appeal. (Murphy/Gruber: 4-0)

C. 85 Farallones AT060086

The tenant's petition alleging decreased housing services was dismissed because he arrived an hour late for the properly noticed hearing. On appeal, the tenant claims that he told a Rent Board staff member that he would be late and his petition should not have been dismissed.

MSC: To deny the appeal. (Gruber/Murphy: 3-2; Becker,

Marshall dissenting)

D. 376-B 2nd Ave. AT060079

The tenant's petition alleging decreased housing services was denied pursuant to the Golden Gateway decision because the ALJ found that the tenant's quiet enjoyment of her unit was interrupted due to necessary work on the building, and that the other conditions complained of by the tenant were not substantial. The tenant appeals, claiming that: the landlord committed perjury at the hearing; the landlord misrepresented the scope of the construction project; and the ALJ exhibited bias on behalf of the landlord and did not allow the tenant to present her case in its entirety.

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

E. 1770 Broadway #404, 501 & 605 AT060076 thru -78

The landlord's petition for certification of capital improvement costs to 17 of 36 units was granted, in part. Three tenants appeal the decision on the grounds that: the Administrative Law Judge exhibited bias against them and favoritism toward the landlord and her attorney; the curb and sidewalk replacements should not have been certified because the condition had been cited and the landlord did not abate the code violation within 90 days, nor prove that she made good faith efforts to do so; the ALJ ignored the tenant's evidence; the landlord committed fraud and gave perjured testimony at the hearing; and the $600 that was disallowed for the curb work was inadequate compensation for that portion of the job.

MSC: To recuse Commissioner Mosser from consideration of this appeal. (Murphy/Gruber: Approved by acclamation)

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

F. 505 – 26th Ave. #2E AL060082

The tenant's petition alleging unlawful rent increases and decreased housing services was granted and the landlord was found liable to the tenant in the amount of $34.70 for rent overpayments, $81.11 for an improper utility passthrough and $110.00 for removal of the tenant's own microwave from the kitchen. On appeal, the landlord claims that: the ALJ's calculation of rent overpayments is incorrect; the tenant should pay 1/3 of the utility passthrough since there are three tenants in the unit; and the tenant breached the agreement by not letting the other tenants in the unit use the microwave, which is dangerous, and was not provided by the landlord as a housing service.

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

G. 613 Clayton St. AL060084

The tenant's petition alleging decreased housing services and the landlord's failure to repair was granted and the landlord was found liable in the amount of $3,996.00 due to a structurally unsound back porch. An annual rent increase was also ordered deferred. The landlord appeals, arguing that: the Golden Gateway decision precludes a rent reduction while the landlord was making necessary repairs; delays in the work were caused by the tenant; the landlord failed to receive the Notices of Violation, which were sent to an incorrect address; the landlord received inadequate notice of the arbitration; the tenant is only entitled to his proportionate share of the amount granted; and the tenant's roommates' claims are unknown and the landlord was unable to cross-examine these individuals.

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

IV. Remarks from the Public (cont.)

B. Tenant Robert Rivkin of 1770 Broadway told the Board that the Rules require that the landlord fix the illegal curb cut violation within 90 days of the Notice of Violation being issued, or the cost of the work shouldn't have been certified. Mr. Rivkin alleged that his landlord lied under oath, and that the ALJ didn't address a single fact in his appeal. Mr. Rivkin believes that the Board ignored the law and the evidence in his case, and feels that "the public's trust needs to be earned."

VI. Communications

The Board received the following communications:

A. The Order Granting Motion for Issuance of Peremptory Writ of Mandate in the case of Brown v. Rent Board (Superior Court Case No. CPF-04-504099).

B. The Rent Board Monthly Workload Statistics for July, 2006.

C. A new Staff Roster.

D. Topical articles from BeyondChron and the San Francisco Examiner.

VII. Director's Report

Executive Director Wolf told the Board that Wade Crowfoot of the Mayor's Office is working on finding a replacement for President Wasserman. Election of Officers will be placed on the Agenda for the October 3rd meeting.

VIII. Old Business

Mirkarimi Legislation Requiring Just Cause for the Severance or Removal of Certain Housing Services (Ordinance Section 37.2{r})

The Board continued their discussion of possible amendments to the Rules and Regulations to implement the Mirkarimi legislation, which took effect August 8th. The Commissioners discussed draft proposals submitted by Commissioners Mosbrucker and Murphy, and a Memo comparing the two proposals authored by Senior Administrative Law Judge Tim Lee. Several issues were raised, including: whether tenant complaints regarding the removal of housing services should be processed as wrongful evictions; under what circumstances the Rent Board should be deciding whether or not Just Cause exists for the severance of the service; whether advisory opinions should be issued regarding the value of the service prior to its removal; whether 60-day notice can be given just for removal of the service, or whether the tenant must also be evicted from the unit; and whether different processes should be established for the different Just Causes. Commissioner Mosser expressed his concern that the Just Cause requirement could complicate necessary rehabilitation projects, especially in common areas. Commissioner Murphy stated that he is most interested in ferreting out "pretextural evictions," where services are terminated in order to force the tenant to vacate. This issue will be discussed further at the October 17th Board meeting.

IX. New Business

Board of Supervisors' Resolution Regarding Attendance at Meetings

The Commissioners received a copy of a Board of Supervisors resolution urging boards and commissions to adopt policies regarding members' attendance at meetings, as well as guidelines for commissioner attendance from the Mayor. Executive Director Wolf and Senior Administrative Law Judge Tim Lee will draft a proposed attendance policy for the Board's consideration at a future meeting.

X. Calendar Items

September 26, 2006 - NO MEETING

October 3, 2006

5 appeal considerations

New Business: Election of Officers

XI. Adjournment

Commissioner Gruber adjourned the meeting at 8:10 p.m.

Last updated: 10/9/2009 11:26:17 AM