December 12, 2006
MINUTES OF THE REGULAR MEETING OF
THE SAN FRANCISCO RESIDENTIAL RENT
STABILIZATION & ARBITRATION BOARD,
Tuesday, December 12, 2006 at 6:30 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level
I. Call to Order
President Gruber called the meeting to order at 6:35 p.m.
II. Roll Call
Commissioners Present: Becker; Gruber; Henderson; Hurley; Mosbrucker; Mosser.
Commissioners not Present: Marshall; Murphy.
Staff Present: Lee; Wolf.
Commissioner Justman appeared on the record at 6:39 p.m.
III. Approval of the Minutes
MSC: To approve the Minutes of November 28, 2006.
(Becker/Hurley: 4-0)
IV. Remarks from the Public
A. Gina Delle-Sedie, the landlord in the case at 1750 Greenwich #6 (AL060117), told the Board that this is the first dispute she has experienced in the history of her ownership of the building. Ms. Delle-Sedie averred that the tenant has been absent from the building since 1999 or 2000, and said it is normal that she is taking care of her mother, but that this shouldn't deprive others. The tenant had alleged that other tenants in the building were pressured into writing support letters on behalf of the landlord; Ms. Delle-Sedie finds this "outrageous and insulting," and said that these tenants are present to testify that the tenant doesn't live in the building.
B. Tenant Angelina Fioretti of 1750 Greenwich told the Commissioners that she hasn't seen the tenant-appellee in the building for seven years.
V. Consideration of Appeals
A. 25 Hinckley Walk AT060118
The landlord's petition for approval of a utility passthrough to 6 of 794 units was granted. One tenant appeals the decision on the grounds of financial hardship.
MSC: To accept the appeal and remand the case to the Administrative Law Judge for a hearing on the tenant's claim of financial hardship. (Becker/Mosbrucker: 5-0)
B. 1750 Greenwich #6 AL060117
The landlord's petition seeking a determination pursuant to Rules Section 1.21 was denied because the ALJ found that the subject unit is the tenant's principal place of residence, and she is only temporarily residing in Marin County to care for her disabled mother. On appeal, the landlord argues that: the facts in the case do not support the conclusions arrived at by the ALJ and there are factual errors in the decision; an absence of six years' duration is too long for a tenant to remain a "Tenant in Occupancy;" the San Rafael address is listed on the tenant's driver's license and other facts not favorable to the tenant are omitted from the decision; a subtenant pays the majority of the rent for the unit; the tenant has no plans as to when she will return to the unit; a post-hearing submission from the tenant should not have been entered into evidence; and a rent increase would be warranted under Costa-Hawkins since the other occupant of the unit is a post January 1, 1996 subtenant.
MSC: To continue consideration of this appeal for eight months, at which time supplemental evidence shall be introduced by both parties. If the tenant's circumstances should change prior to that time, either party can request that the appeal be re-considered at an earlier date.
(Justman/Hurley: 4-1; Becker dissenting)
C. 1539-43 Larkin St. AL060119
The landlord's petition for approval of a utility passthrough for 2 of 6 units was granted. The landlord appeals, asking that an exception to the Rules and Regulations be made, since only three units in the building are connected to the steam heating system and the landlord does not think it fair that he has to divide the costs among all the units in the building.
MSC: To deny the appeal. (Justman/Becker: 5-0)
D. 1150 Clay #1 AT060112
(cont. from 11/28/06)
The tenant's petition seeking a determination of the lawful rent pursuant to Rules Section 6.15C(3) was dismissed due to the tenant's failure to appear at the properly noticed hearing. On appeal, the tenant claimed not to have received the notice of hearing, and attached the requisite Declaration of Non-Receipt of Notice of Hearing. At their meeting on November 28th, the Board voted to continue consideration of the appeal in order for staff to contact the tenant and obtain a Declaration as to why the Notice of Hearing wasn't received and to clear up any confusion regarding the tenant's mailing address.
MSC: To accept the appeal and remand the case for a new hearing. Should the tenant again fail to appear, absent extraordinary circumstances, no further hearings will be granted. (Becker/Mosbrucker: 5-0)
VI. Appeal Hearing
1360 Jones St., Unit No. 602 AL060094
(cont. from 11/28/06)
The parties were given additional time for settlement discussions, and informed the Board that a settlement agreement had been reached. The case was therefore taken off calendar, and will be re-calendared only if the parties advise that it is necessary.
VII. Communications
In addition to correspondence concerning cases on the calendar, the Commissioners received the following communications:
A. The office workload statistics for the month of October, 2006.
B. An updated Staff Roster.
C. A Memorandum from Senior Administrative Law Judge Tim Lee regarding proposed revisions to Rules ß12.15(d) to conform that Section's relocation payments for temporary capital improvement evictions to the increased amounts mandated by Proposition H.
VIII. Director's Report
Executive Director Wolf wished the Commissioners joyful and healthy holidays.
IX. Old Business
Mirkarimi Legislation Requiring Just Cause for the Severance or Removal of Certain Housing Services (Ordinance ß37.2{r})Discussion of this issue was continued to the next meeting.
IV. Remarks from the Public (cont.)
C. The landlord in the case at 1539-43 Larkin St. (AL060119) informed the Board that, subsequent to the filing of his appeal, he had gathered additional information that could be used to make a more empirical calculation of utility costs in the building.
X. New Business
Proposed Revision to Rules and Regulations ß12.15(d) to Conform to Proposition H re Relocation Payments for Temporary Capital Improvement Evictions
Discussion of this issue was continued to the next meeting.
XI. Calendar Items
December 19th & 26th, 2006 & January 2, 2007- NO MEETINGS
January 9, 2007
7 appeal considerations
Old Business:
A. Mirkarimi Legislation (Ordinance ß37.2{r})
B. Rules & Regs. Changes Necessitated by Prop. H
XII. Adjournment
President Gruber adjourned the meeting at 7:40 p.m.