Feature

New Mediation Program at the Rent Board

by Joe Grubb

With the implosion of the dot–comers, the shrinking economy, the expanding vacancy rate and improved civility (except in Washington), the Rent Board’s business has receded to a manageable level. What this means is that we have an opportunity to catch our breath and review our process and services. I saw an opening to implement a new service that I have long desired to provide but have not been able to do so simply because, for so long, we have been focusing solely on meeting our legal mandate. Now that we are doing that, we can look at a service that many landlords and tenants have wanted and requested—voluntary mediation of housing-related issues not pertaining to the Rent Board.

As we envision our service, we would offer landlords and tenants the ability to bring issues to our office for mediation assistance. Landlords have often asked if we could help settle problems with tenants who are creating problems for either the landlord or other tenants. These are problems that probably would never reach the level of eviction, but are nonetheless a major pain for the affected parties. Tenants have also requested our help in trying to resolve problems between either roommates or with other tenants in the building.

I believe our office has achieved a level of credibility and trust in the community that has led to these requests, and I am proud of our staff and their efforts to gain such respect. We plan to do this within our current budget and staffing levels without having a negative impact on our mandated services. To achieve this goal, we will initially limit the number of mediations until we have a chance to review the results and feedback from our clients. We have no idea how great the demand for this service will be, particularly since other very capable agencies also provide it, so we want to manage the process carefully. I can assure you that we will not undercut the mandated hearing services we now provide. We will take the results to the Rent Board Commission and discuss future steps once we have a significant track record.

Last month the Rent Board launched the Alternative Dispute Resolution Service (ADR), by offering up to nine hearing slots per month. The process involves two steps.

First, parties will be able to request a RentBoardMediatorwhoisan Administrative Law Judge with the department. The judge will meet with the interested parties to help resolve existing housing-related conflicts and to prevent disagreements from escalating. The scope of the program is not limited to issues involving the Rent Ordinance. The ADR will offer San Francisco residents the opportunity to directly address any housing-related difficulties in a safe, productive and confidential setting. The mediator is a trained, experienced, neutral person whose role is to facilitate negotiation by helping the parties identify the nature of their disagreement(s), clarify their respective positions, and problem-solve so that everyone’s interests and needs are met in a satisfactory way. Please note that our mediators cannot provide legal advice to the parties.

Second, all involved parties must consent to the mediation session and agree to negotiate in good faith. This means that each party agrees to share information so the parties can make informed decisions and reach a mutually satisfactory agreement. At the mediation session, the parties should be prepared to discuss the issues between them, offer reasonable compromises and consider all constructive solutions. The parties may decide to have a written document that summarizes their agreement, or may decide that a written agreement is not necessary—it’s all up to the parties involved.

Alternative Dispute Resolution (ADR)
Either a landlord or a tenant may request this service without filing a formal petition with the Rent Board. This program provides a voluntary opportunity to resolve housing-related issues between landlords, tenants, roommates or neighbors in an informal, confidential and productive manner. Agreements can be binding at the option of the parties. They are not subject to appeal. ADR is not available if a Rent Board petition or a court case is pending involving the same issue.

Mediation
The Rent Board schedules mediation after a tenant has filed a petition at the Rent Board. Parties are served with notices to appear. If the tenant does not appear, his/her petition will be dismissed with prejudice. If the landlord does not appear, or both parties do not consent to the mediation or do not reach an agreement, an arbitration hearing will be held. The Administrative Law Judge will then make a written decision. If the parties reach an agreement, the agreement is binding and is not subject to appeal.

Arbitration
A tape-recorded administrative hearing is held after a tenant or a landlord has already filed a petition at the Rent Board. Parties are served with notices to appear. If the petitioner does not appear, his/her petition will be dismissed with prejudice. If the respondent does not appear, the hearing will be held and the Administrative Law Judge will make a written decision based on the testimony and other evidence presented solely by the petitioner. Decisions are binding, and appeals must be made to the Rent Board Commission.

The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of the SFAA or the San Francisco Apartment Magazine. Joe Grubb is Executive Director of the San Francisco Rent Board. You can reach the Rent Board at 415-252-4601. Copyright © 2003.