May 8, 2007
MINUTES OF THE REGULAR MEETING OF
THE SAN FRANCISCO RESIDENTIAL RENT
STABILIZATION & ARBITRATION BOARD,
Tuesday, May 8, 2007 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 6:40 p.m.
II. Roll Call
Commissioners Present: Becker; Gruber; Henderson; Justman; Marshall; Mosbrucker; Murphy.
Commissioners not Present: Hurley; Mosser.
Staff Present: Lee; Wolf.
III. Approval of the Minutes
MSC: To approve the Minutes of April 24, 2007.
(Becker/Murphy: 4-0; Justman abstaining)
IV. Remarks from the Public
Tenant Gary Near of 1408 California spoke on behalf of himself and asked for another three minutes on behalf of tenant Terry Perrin, who was not present; President Gruber denied this request. He asked for the Minutes of April 24th to be corrected as follows: the context of his remarks regarding his landlord, Citi Apartments, is a criminal investigation; the "rip-off" he referred to is utility passthrough petitions, and not the Rent Board; the letter he submitted was not listed as an official communication; and he asked that the Board tape record its meetings and provide a rostrum for the public. Mr. Near also alleged that the "official wrongdoing" he accused Senior Administrative Law Judge Sandy Gartzman of hasn't stopped, as Judge Jeffrey Eckber had an ex parte communication with a party to a Rent Board proceeding. He asked that the Board conduct an official investigation and that a letter regarding this that he submitted be made a part of the official record. There were no comments from any of the Commissioners.
V. Consideration of Appeals
A. 653 Capp St. AT070062
The tenant's petition alleging decreased housing services was dismissed due to the tenant's failure to appear at the properly noticed hearing. On appeal, the tenant claims not to have received the Notice of Hearing and provides the requisite Declaration of Non-Receipt of Notice of Hearing.
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/Marshall: 5-0)
B. 1616 Taylor St. #7 AT070066
The landlord's petition seeking approval of utility passthroughs for 4 of 11 units was granted, resulting in a monthly passthrough in the amount of $49.20. 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/Murphy: 5-0)
C. 4351 – 18th St. AT070067
The tenant's petition alleging decreased housing services was dismissed due to the tenant's failure to appear at the properly noticed hearing. On appeal, the tenant claims not to have received the Notice of Hearing and provides the requisite Declaration of Non-Receipt of Notice of Hearing.
MSC: To accept the appeal and remand the case for a new hearing. (Becker/Marshall: 5-0)
D. 1148-1/2 Washington St. AT070063
The landlord's petition seeking a determination pursuant to Costa-Hawkins and Rules ß6.14 was granted as the Administrative Law Judge found that the original tenant no longer resided in the unit and the tenant is a subtenant who commenced occupancy after January 1, 1996. On appeal, the tenant claims that he should be considered an original tenant since the landlord accepted rent checks from him since 2005.
MSC: To deny the appeal. (Murphy/Gruber: 5-0)
E. 2699 Bryant St. AT070064 & -65
The landlords' petition seeking a determination pursuant to Rules ß1.21 was granted because the Administrative Law Judge found that the subject unit is not the tenant's principal place of residence. On appeal, the tenant claims that: the objective evidence does not support the decision; the tenant is an active senior citizen who travels and spends time at the homes of her adult children; the landlords' evidence is inaccurate and unreliable; the documentary evidence shows that the tenant resides at the subject unit; and the decision presents the tenant with a financial hardship.
MSC: To recuse Commissioner Becker from consideration of these appeals. (Becker/Murphy: 5-0)
MSC: To deny the appeals. (Murphy/Gruber: 4-1; Henderson dissenting)
VI. Communications
In addition to correspondence concerning cases on the calendar, the Commissioners received the following communications:
A. Articles from BeyondChron and the S.F. Examiner.
B. A Pending Litigation Status Report from Senior Administrative Law Judge Tim Lee.
VII. Director's Report
Executive Director Wolf informed the Board that the SRO Hotel Visitor Policy was last amended as of July 11, 2006. Ms. Wolf will re-convene the committee of interested parties from last year and forward their recommendations to the Commissioners for their consideration this year.
VIII. Calendar Items
May 15, 2007 - NO MEETING
May 22, 2007
8 appeal considerations
XI. Adjournment
President Gruber adjourned the meeting at 7:20 p.m.