February 04, 1997
MINUTES OF THE REGULAR MEETING OF
THE SAN FRANCISCO RESIDENTIAL RENT
STABILIZATION & ARBITRATION BOARD,
Tuesday, February 4, 1997 at 6:00 p.m. at
25 Van Ness Avenue, Suite 70, Lower Level
- Call to Order
President Becker called the meeting to order at 6:05 p.m.
- Roll Call
Commissioners Present: Becker; Bierly; Marshall; Palma; Wasserman.
Commissioners not Present: Lightner; Mosser.
Staff Present: Grubb; Wolf.
Commissioner Gruber appeared on the record at 6:10 p.m.; Commissioner
Moore appeared at 6:25 p.m.; and Commissioner Murphy arrived
at 6:50 p.m.
- Approval of the Minutes
MSC: To approve the Minutes of January 21, 1997.
- Remarks from the Public
Robert Pender announced that the Tenants’ Network’s fourth birthday
party was a great success and a good time was had by all. He
also passed out copies of the Tenant Times.
- Consideration of Appeals
A. 1234 - 1238 Vallejo St. R001-39A
The landlord’s petition for certification of capital improvement
costs and rent increases based on increased operating expenses
was granted, in part. However, the landlord’s request for an
additional 12.5% on each cost for "contractor’s overhead"
was denied, because the hearing officer found that no actual costs
were incurred by the landlord for overhead; the landlord’s involvement
did not constitute "uncompensated labor"; nor was the
landlord’s involvement necessary for the completion of the subject
work. On appeal, the landlord asserts that the costs of the work
were substantially lowered because it was agreed between she and
the subcontractors that she would be performing "project
management" functions; that the amount of the passthrough
to the tenants would have been higher had she not performed in
this capacity; and, at a minimum, she should be granted the 8%
deemed reasonable by the estimator.
MSC: To deny the appeal. (Marshall/Palma: 3-1; Gruber dissenting)
The Commissioners received the following communications:
- A letter from Ted Gullickson of the Tenants Union regarding
the Board’s policy concerning evictions pursuant to Ordinance
- A copy of the proposed budget for fiscal year 1997-98.
- A Memorandum from the Ethics Commission regarding a provision
of Proposition 208, a campaign reform measure passed by the electorate
on November 5, 1996, which prohibits persons appointed to public
boards or commissions from making campaign contributions to the
- A revised staff roster.
- President Becker reported that he had contacted the State
Bar regarding the Board’s referral of attorney David Dawson for
questionable business practices. The response was that they were
waiting for the outcome of a wrongful eviction lawsuit filed by
the tenant, Arthur Roberts.
- Director’s Report
Executive Director Grubb informed the Board that the imputed
interest rate for capital improvements as of March 1, 1997 is
6.4% for seven year improvements and 6.5% for ten year improvements.
- Old Business
Discussion of the codification of the Board’s Artist Live/Work
Policy was continued to the next meeting, as was the election
- New Business
- Executive Director Grubb walked the Commissioners through
the Department’s Proposed Budget for Fiscal Year 1997-98, which
totals $98,000 less than last year’s budget. Areas of increase
include the addition of a permanent counselor position, as well
as a full-time hearing officer; funds have also been requested
for the refurbishing of the office, which was taken "as is"
at the time of the 1989 earthquake, and has had no major improvements
since that time. The Rent Board fee will remain at the same rate
of $10 per unit. At Commissioner Gruber’s suggestion, the Director
was instructed to also request funding of a temporary hearing
officer position for nine months, if possible. With that addition,
the Board voted as follows:
MSC: To approve the Proposed Budget for Fiscal Year 1997-98.
- Commissioner Murphy expressed his concern that, since many
landlords refer to the Ordinance for information regarding evictions,
the notice requirements pertaining to owner-occupancy evictions
contained in Rules Section 12.14 should be reflected in the Ordinance
as well. The Deputy Director will add this issue to the list
of possible Ordinance amendments.
- Remarks from the Public (cont.)
Robert Pender suggested that the budget be mailed to various
organizations representing tenants.
- Calendar Items
February 11, 1997 - NO MEETING
February 18, 1997
4 appeal considerations
- Codification of Artist Live/Work Policy
- Election of Officers
President Becker adjourned the meeting at 7:15 p.m.