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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 37

Citation
Section 37
Parent Document
Golden Gateway Center v. San Francisco Residential Stabilization, 87 Cal. Rptr. 2d 332 (1999)
Jurisdiction
California (state)
Effective Date
1999-08-02

Full Text

1,150 chars
In seeking to justify its application of the rent reduction provision to GGC’s conduct, respondent Board makes an additional argument which it contends harmonizes the ordinance with the Board’s actions. Section 37.7(a) provides that “hearing officers shall have the authority to conduct hearings in order to certify rental increases to the extent necessary to amortize the cost of capital improvement, rehabilitation, and energy conservation measures. Costs determined to be attributable to such work shall be amortized over a period which is fair and reasonable for the type and the extent of the work and which will provide an incentive to landlords to maintain, improve and renovate their properties while at the same time protecting tenants from excessive rent increases. Costs attributable to routine repair and maintenance shall not be certified.” Pursuant to this section, GGC filed a petition with the Board to certify the $2,672,536 cost for the painting and deck work and to raise tenants’ rents according to the Board’s rules. The Board approved a capital improvement rent increase in the amount of $37.12 per month for each affected unit.