Translation Disclaimer

Rent Stabilization Board
Rent Stabilization Board

Full Agenda Packet (PDF Copy): Part 1: Agenda - 9.a.(10)  &  Part 2: 9.a.(11) - 8.b.(7)b.

RENT STABILIZATION BOARD
Regular Meeting

 Monday, March 20, 2017
      7:00 p.m.
   

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

Teleconference Location: 1300 Jefferson Davis Highway, Arlington, VA 22202

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 Aimee Mueller, Secretary to the Board, at (510) 981-4932.

Video Archive (4:21)

AGENDA


 Many of the links below lead to PDF files that require Adobe Acrobat Reader to be installed on your computer. 
You can download Acrobat Reader for free.   


* Times allotted for each item are approximate and may be changed at the Board’s discretion during the course of this meeting.  

1. Roll call – 1 min.*

2. Approval of Agenda – 1 min.*

3. Public Forum – 3 min. allotted per speaker*

4. SPECIAL ORDER OF BUSINESS – 15 min.*

a. Resolution to be presented to former Commissioner Katherine Harr acknowledging her nearly seven years of service as a Rent Board Commissioner

5. SPECIAL PRESENTATION by Brian Augusta & Associates, Rent Board Legislative Advocate, on housing-related legislation – 30 min.*

a. State Legislative Report

b. Recommendations concerning two pieces of legislation:

(1) Assembly Bill 1506 (Bloom) – Repeal of Costa-Hawkins Act

(2) Assembly Bill 982 (Bloom) – One-Year Notice for Ellis Evictions

6. CONSENT ITEMS – 2 min.*

a. Approval of the February 6th Regular Meeting minutes  

b. Approval of the February 27th Special Meeting minutes  

c. Stipend reimbursement request by Commissioner Soto-Vigil (held over from February 6th meeting)

7. APPEAL – 8:30 p.m.** Case No. IRD-119 (1635 Julia Street, Unit 10) – (30 min.)*

** This appeal will not be heard before 8:30 p.m. but may be heard any time thereafter.

Tenant appeals a hearing examiner decision that dismissed tenant’s petition for determination of Landlord’s eligibility to set an initial rent on the subject unit. The hearing examiner found that the petition is moot and must be dismissed, because on August 24, 2016, the parties agreed to waive all claims arising out of this tenancy. Therefore, Tenant-Appellant waived his right to raise a claim that the landlord is not eligible to set an initial rent. Furthermore, Landlord-Respondent has obtained a judgment and writ of possession of the subject unit, and therefore Tenant-Appellant no longer has the right to occupy the subject unit.

A review of the record establishes that the hearing examiner considered the record of the April 27, 2016 unlawful detainer action, and found that the court filings and judgment entered in that action required the hearing examiner to dismiss this petition. Specifically, on August 24, 2016, the parties entered into a settlement agreement in court, and that settlement agreement was filed in court and signed by the Hon. Kimberly Colwell, who retained jurisdiction to enforce the agreement. The agreement includes an explicit waiver of “any and all claims arising out of this tenancy and its termination.” On November 3, 2016, the court entered judgment against Tenant-Appellant, depriving Tenant-Appellant of the right to remain in the subject unit.

The Rent Board does not have the legal authority to modify or void a settlement agreement filed in court, nor a court order or judgment enforcing such an agreement. The agreement provides that the parties waive all claims arising from the tenancy, including the right to petition for a rent decrease, and therefore Legal staff recommends that the dismissal of the petition be upheld.

8. ACTION ITEMS

a. From Board Members, Executive Director and Committees

(1) Discussion and possible action regarding search results and recommendation(s) to the Board of the most qualified candidate(s) for filling the vacant seat on the Board (Ad Hoc Replacement Committee to Fill Board Vacancy) – 60 min.* TO BE DELIVERED

(2) Recommendation that the Board repeal Regulation 509 [Definition of New Construction for Legal Rental Units] and adopt Regulation 510 [Definition of New Construction for Units That Lack a Certificate of Occupancy] on first reading (IRA/AGA/Registration Committee) – 30 min.*

(3) Recommendation that the Board adopt Regulation 520 [Exemptions for Fraternities and Sororities] on first reading (IRA/AGA/Registration Committee) – 10 min.*

(4) Recommendation that the Board adopt Regulation 808 [Registration Fee for Seasonal Rentals in Fraternities and Sororities] on first reading (IRA/AGA/Registration Committee) – 10 min.*

(5) Recommendation that the Board adopt Regulation 1383 [Owner Move-In and Ellis Act Relocation Assistance Disputes - B.M.C. §§ 13.76.130A.9 and 13.77.055] on first reading (IRA/AGA/Registration Committee) – 10 min.*

(6) Recommendation to have staff and the Outreach Committee take appropriate steps to publicize the Model Green Lease Addendum as a voluntary addition to new and existing leases (Habitable & Sustainable Housing Committee) – 5 min.*

(7) Recommendation that the Rent Board endorse Assembly Bill (AB) 1506 (Bonita), AB 71 (Chiu) and Senate Bill 2 (Atkins) (Commissioners Tregub and Simon-Weisberg) – 5 min.*

(8) Recommendation regarding Denunciation of the Presidential Executive Order to Build a Wall Along the U.S.-Mexico Border; Establishing a Policy for the Rent Board to Refrain from Entering into New or Amended Contracts with Vendors that Materially Support the Building of Said Border Wall; and Forwarding Recommendation to CalPERS and the Berkeley City Council of These Actions (Commissioners Laverde-Levine, Murphy, Soto-Vigil and Tregub) – 5 min.*

(9) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties (Executive Director) – 15 min.*

Ministerial Waivers  

Waiver No.     Property Address
4611               3108 Harper Street
4612               1343 Martin Luther King, Jr. Way
4613               1721 San Pablo Avenue
4614               2405 Sacramento Street
4616               1706 Derby Street
4617               2231 Cedar Street
4618               1607 Prince Street
4619               2019 7th Street
4620               1349 Josephine Street
4621               1210 Masonic Avenue

Discretionary Waivers

Waiver No.     Property Address
4600                2919 Fulton Street
4602                2840 Grant Street
4606                1625 8th Street
4608                1549 Ashby Avenue
4615                3228 Adeline Street

9. INFORMATION, ANNOUNCEMENTS AND NEWS ARTICLES

Please Note: The Board may move Information Items to the Action Calendar.

a. Reports from Board Members/Staff

(1) Fiscal Year 2016/2017 Mid-Year Budget Update (Executive Director) – 2 min.* TO BE DELIVERED

(2) Update on proposed Tenant Protection Ordinance (TPO)  (Executive Director) – 2 min.*

(3) Report on presentation to City Council regarding possible revisions to the Demolition Ordinance (Executive Director) – 2 min.*

(4) Update on Short-Term Rental Ordinance (Executive Director) – 2 min.*

(5) Amendment to the Affordable Housing Mitigation Fee (Executive Director) – 2 min.*

(6) Update on Housing California Rent Control Panel (Executive Director & Commissioner Simon-Weisberg) – 2 min.* – Verbal

(7) February 14, 2017 Memorandum to Council regarding the Rent Board’s concerns with the proposed Short-Term Rentals Ordinance (Chair Selawsky and Executive Director) – 2 min.*

(8) February 14, 2017 communication to Council regarding the Rent Board’s support for Our Beloved Community Proposal: Alameda County Anti-Displacement Funding and Policy Plan (Chair Selawsky and Executive Director) – 2 min.*

(9) March 3, 2017 communication to Council regarding Creating Additional Administrative Powers for Zoning Officer to Deny or Hold in Abeyance New Permit Applications Until Outstanding Code Enforcement Issues are Resolved (Chair Selawsky) – 2 min.*

(10) March 3, 2017 letter to Ben Metcalf, Director of California Department of Housing and Community Development, with Board’s comments on the draft 2025 Statewide Housing Assessment (Executive Director) – 2 min.*

(11) Flyer for March 16, 2017 workshop at the Alameda County Law Library on Recent Changes to the Berkeley Rent Control Ordinance presented by Rent Board Staff Attorneys Matt Brown and Matthew Siegel (Executive Director) – 2 min.*

(12) March 20, 2017 memo regarding Commissioner E-mail Policy (Commissioner Soto-Vigil) – 2 min.*

(13) February 7, 2017 Sacramento Bee.com article by Christopher Cadelago titled, “John Chiang opens committee for 2018 affordable housing initiative” (Vice-Chair Laverde-Levine) – 1 min.*

(14) February 27, 2017 The Guardian.com article by Olivia Solon titled, “Scraping by on six figures? Tech workers feel poor in Silicon Valley’s wealth bubble” (Vice-Chair Laverde-Levine) – 1 min.*  

(15) Article in the March 2017 issue of Western City magazine titled, “Finding Solutions to the Affordable Housing Shortage” (Vice-Chair Laverde-Levine) – 1 min.*

(16) March 2, 2017 KQED.org article by Ben Christopher titled, “To Attract Teachers, Pricey School Districts Are Becoming Their Landlords” (Vice-Chair Laverde-Levine) – 1 min.*  

(17) March 5, 2017 MercuryNews.com article by Tracey Kaplan titled, “Mobile home park victory: A negligent owner, $10 million settlement and the San Jose residents who prevailed” (Vice-Chair Laverde-Levine) – 1 min.*

(18) March 6, 2017 LATimes.com article by Liam Dillon titled, “California won’t meet its climate change goals without a lot more housing density in its cities” (Vice-Chair Laverde-Levine) – 1 min.*

(19) March 6, 2017 Redfin.com article by Nela Richardson titled, “How Ben Carson and HUD Can Begin to Solve America’s Housing Affordability Crisis” (Vice-Chair Laverde-Levine) – 1 min.*

(20) March 6, 2017 Curbed.com article by Adam Brinklow titled, “California lawmakers aim to repeal anti-rent control law” (Vice-Chair Laverde-Levine) – 1 min.*

(21) March 7, 2017 Cal.StreetsBlog.org article by Jason Islas titled, “State Legislators Put California’s Housing Crisis in the Crosshairs” (Vice-Chair Laverde-Levine) – 1 min.*

10. COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS

a. Budget and Personnel – 4 min.*

(1) February 24th agenda  

(2) March 17th agenda

b. Eviction/Section 8/Foreclosure – 2 min.*

(1) March 22nd agenda  

c. Habitable & Sustainable Housing (HASH) – 2 min.*

(1) March 2nd agenda  

d. IRA, AGA and Registration – 4 min.*

(1) February 17th agenda  

(2) March 8th agenda  

e. Outreach – 4 min.*

(1) February 24th agenda  

(2) March 10th agenda  

f. 4 x 4 Joint Committee on Housing: City Council/Rent Board – 1 min.*

g. 4 x 4 Ad Hoc Committee on Safety, Occupancy and Affordability of Converted Artist Warehouses and Workspaces – 1 min.*

h. Ad Hoc Committee on the Effects of Costa-Hawkins – 1 min.*

i. Ad Hoc Committee on Technology Issues – 1 min.*

j. Ad Hoc Replacement Committee to Fill Board Vacancy – 5 min.*

(1) March 3rd agenda  

(2) March 3rd minutes  

(3) March 7th agenda  

(4) March 8th agenda  

(5) March 14th agenda  

k. 2 x 2 x 2 Committee on Housing: Council / Rent Board / BUSD – 1 min.*

l. Updates and Announcements regarding future Special Meetings – 1 min.*

m. Discussion of items for possible placement on future agenda – 2 min.*

11. ADJOURNMENT

 

COMMUNICATION ACCESS INFORMATION:  

This meeting is being held in a wheelchair-accessible location. To request disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact Aimee Mueller at 981-4932 or 981-6903 (TDD) at least three business days before the meeting date. 

Please refrain from wearing scented products to this meeting.  

 

Home | Web Policy | Text-Only Site Map | Contact Us
Rent Stabilization Board, 2125 Milvia Street, Berkeley, CA 94704
Questions or comments? Email: rent@cityofberkeley.info Phone: (510) 981-7368
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903
###