RENT STABILIZATION BOARD
Monday, August 16, 2010
Maudelle Shirek Building
2134 Martin Luther King Jr. Way
Council Chambers, Second Floor
Broadcast Live – KPFB – 89.3
(N. Berkeley) and BTV Cable Channel 33
(The archive has not been edited for jump points)
Teleconference location – 5525 Summerhill Drive, Los Angeles, CA 90043
This meeting will be conducted in accordance with the Brown Act, CA Government Code Section 54953(b)(2), and Teleconferencing. Any member of the public may attend this meeting at either location. Questions regarding this matter may be addressed to Jay Kelekian, Executive Director and Secretary to the Board, (510) 981-7368.
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1. Roll Call - 7 PM
2. Approval of Agenda
3. Public Forum
4. Approval of July 19, 2010 Regular Board Meeting minutes
5. Presentation by Berkeley Housing Authority on Proposed Repositioning Project Involving 75 Units of Public Housing
6. Appeal Time Certain – 7:45 p.m.
Appeal T-5061/T-5063/T-5066/T-5067 (2311 Le Conte Ave.) This is a tenant appeal of a hearing examiner decision finding that:
1. The Board has jurisdiction over the hearings from August 2006 (the date of the earliest tenancy stated in the petitions);
2. Petitioners were not entitled to security deposit interest because they did not pay a security deposit;
3. Petitioners were not entitled to refunds for illegally high rent because the landlord did not charge more rent than is lawfully allowed under state and local law; and
4. The Board has no jurisdiction to hear petitioners’ claims of fraud and misrepresentation.
On appeal, Tenants claim that the landlords engaged in fraudulent misrepresentation in religious representation; there was a lack of housing services that the hearing examiner did not analyze; and the hearing examiner should have found that petitioners paid security deposits. Upon review of the testimony and evidence in the record, Legal Staff believes there is substantial evidence to support the hearing examiner’s decision. Accordingly, staff recommends that the decision of the hearing examiner be affirmed.
7. Action Items
a. From Board Members, Executive Director and Committees
(1) Proposed Resolution authorizing the Executive Director to increase the purchase order with Volt Temporary Services by an amount not to exceed $35,000 for FY 2010/2011 (Executive Director)
(2) First Reading of proposed amendments to Regulation 1234 [Rights of Parties]. (Chair Stephens)
(3) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties (Executive Director)
Waiver No. Property Address
3830* 1501 Virginia Street/1685 Sacramento Street
*Continued and revised from the July 19th meeting.
8. Information and Announcements
Please Note: The Board may move Information Items to the Action Calendar.
a. Reports from Board Members/Staff.
(1) Updated Committee Assignments List (Chair Stephens)
(2) Text of Measure on November ballot titled Berkeley Public Schools Facilities Safety and Maintenance Act of 2010. (Executive Director)
(3) Text of proposed Bond Measure on November ballot to improve school safety and facilities for learning and teaching. (Executive Director)
(4) July 30, 2010 USA Today article by Haya El Nasser, titled Census: Moves Because of Evictions Increase (Executive Director)
b. Announcements of upcoming Committee/Board Meetings.
(1) Budget and Personnel
a. Approved June 18th meeting minutes
b. July 23rd meeting agenda
(3) IRA/AGA/ Habitability
a. Approved May 20th meeting minutes
b. July 22nd meeting agenda
c. August 13th meeting agenda
(4) Eviction/Section 8/Foreclosure
a. August 10th meeting agenda
(5) Safe & Sustainable Housing
a. Approved June 21st meeting minutes
(6) 4 x 4 City Council/RSB Housing Committee
(7) Ad Hoc Committee on Waiver Process
a. Approved June 30th meeting minutes
b. Approved July 21st meeting minutes
c. August 10th meeting agenda
(8) Future Special Meetings
c. Discussion of items for possible placement on future agenda.
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