October 3, 2006

Commissioner Mosbrucker appeared on the record at 6:13 p.m.; Commissioner Justman arrived at the meeting at 6:20 p.m.

MSC: To approve the Minutes of September 19, 2006.

(Gruber/Marshall: 5-0)

A. Guadalupe Arreola of St. Peter's Housing Committee told the Board that she was present to represent and support the tenants in the case at 733 Capp St. (AL060085).

B. Tenant Maureen Dunne of 307 – 30^{th Ave. (AT060089) said that she thought that the Rent Board was supposed to be fair, but that the landlord in her case committed perjury and the Administrative Law Judge (ALJ) exhibited bias against the tenants. Ms. Dunne believes that the Rent Board grants inadequate compensation for senior and disabled tenants.}

^{C. The tenant in case number T061360 expressed his belief that the Citizen Complaint Officers at the Rent Board are not helpful; that one of the counselors used to work at the Eviction Defense Collaborative, which he believes constitutes a conflict of interest; and that the Rent Board exhibits a "classist East Coast bias, which is not how we do things in California."}

^{The tenant's petition alleging decreased housing services was granted, in part, and the landlord was found liable to the tenant in the amount of $1,097.50 for an electrical problem, defective light fixture and no heat in the unit. A claim of failure to repair was denied because the landlord had rescinded the noticed rent increase. The landlord appeals, claiming that: the Administrative Law Judge prematurely terminated the testimony of one of the landlord's witnesses; the tenant failed to provide evidence to prove her claims; the tenant has not provided access to the unit so that the landlord could make repairs; the electrical circuitry in the unit and the heating device are functioning properly; and the tenant complained about the alleged lack of heat on only one occasion.}

^{The tenants' petition alleging an unlawful rent increase and seeking a determination as to the proper base rent was granted and the landlord was found liable to the tenants in the amount of $3,394.99. In addition, a rent increase from $1,328.08 to $3,500.00 was found not to be authorized because a Rules Section 6.14 notice was served on the tenants several years after the landlord knew of their occupancy of the premises. On appeal, the landlord maintains that: the tenants are not co-tenants as cash rent payments were always delivered on their behalf to the landlord and no direct landlord-tenant relationship was ever established; the increase is authorized by Costa-Hawkins, and no 6.14 notice was required; and the landlord did not waive her right to a rent increase under these facts.}

^{The tenants' petition alleging decreased housing services and the landlord's failure to repair was denied. On appeal, the tenants claim that: the landlord also has personal belongings in the garage and it is their responsibility to abate the Notice of Violation; the Fire Inspector found no combustible materials in the garage; if the tenants' personal belongings must be removed from the garage, they are entitled to a rent reduction; and no rent increase should take effect until all Notices of Violation are abated.}

^{The tenants' petition alleging a substantial decrease in housing services and questioning the validity of rent increase notices was granted, in part. The landlord was found liable to the tenants in the amount of $1,410.16 due to rent overpayments and $840.00 due to the loss of a second parking space and temporary loss of use of the back yard. On appeal, the landlord claims that: there are errors in the Administrative Law Judge's calculation of the rent overpayments; a rent reduction should not have been granted for the loss of a parking space which did not legally exist; and the tenant failed to prove the value of the temporary loss of use of the back yard.}

^{The landlord's petition for certification of capital improvement costs to 3 of 5 units was certified, in part. The costs of a new laundry room and machines were disallowed pursuant to Rules Section 1.13 because capital improvements otherwise eligible for certification are not eligible if the landlord charges a use fee such as where the tenant must deposit coins to use a landlord-owned washer and dryer. On appeal, the landlord asks that the Board re-evaluate this policy as the nominal use fee charged does not cover the costs of utilities or maintenance of the machines, which were installed for the convenience of the tenants.}

^{In addition to correspondence concerning cases on the calendar, the Commissioners received the following communications:}

^{A. Two articles of interest from the San Francisco Examiner.}

^{B. An article from the California Acorn web site announcing the fact that the Governor signed AB 1169, which restores the 60-day notice requirement for no fault evictions as of January 1, 2007.}

^{C. A new Rent Board Staff Roster.}

^{Executive Director Wolf announced that new Citizens Complaint Officer Jennifer Rakowski started work on September 25th; Jennifer comes to the agency from Community United Against Violence.}

^{Ms. Wolf also informed the Board that today, October 3rd, is "Sharon Wasserman Day" in the City and County of San Francisco, because it is President Wasserman's last Board meeting. This is in recognition of the eleven years of outstanding leadership and dedicated service that Ms. Wasserman has provided the Rent Board, and all that she has given to the landlords and tenants of San Francisco. Ms. Wasserman thanked her fellow Commissions for their "intelligence and hard work," and remarked on the Board's capacity to enjoy each other's company, despite the "built-in tension" of the Board having landlord and tenant seats. Commissioner Marshall expressed her belief that much of the Board's collegiality can be attributed to President Wasserman. Commissioner Justman expressed his gratitude for having another neutral commissioner who consistently saw the issues the same way that he did.}

^{D. The tenant in case number T061360 said that the Director of the Rent Board doesn't have control over the staff at the agency. He asked how Commissioners are selected and asked that he get to review his remarks prior to their being recorded in the Minutes. He was informed that the public does not get to pre-approve the Minutes.}

^{MSC: To nominate Commissioner Gruber for President and Commissioner Becker for Vice-President of the Board. (Marshall/Mosser: 7-0)}

^{October 10, 2006 - NO MEETING}

^{October 17, 2006}

^{8 appeal considerations}

^{Old Business: Mirkarimi Legislation (Ordinance ß37.2{r})}

^{President Wasserman adjourned the meeting at 6:50 p.m.}