Regular Meeting

Monday, March 20, 2006
7 p.m.

2134 Martin Luther King Jr. Way
City Council Chambers
Berkeley, CA

Webcast Video Archive 


1. Roll Call - 7:00 PM 

2. Approval of Agenda 

3. Public Forum 

4. Approval of the February 23, 2006 regular meeting minutes.

5. Appeal Time Certain - 7:15 p.m.

a. Appeal T-4670; 3030 Regent Street, #16. (Continued from 2/23/06 meeting.) This is a tenant appeal of a hearing examiner decision granting a 20% rent reduction for inadequate heat for a five-month period. On appeal, the tenant claims the reduction should be greater and should cover a longer period of time. The tenant also wants additional rent reductions for the periodic lack of hot water, a pest problem, illegal entry into her unit by the landlord and the City's failure to provide her with an electrician's inspection report. A review of the record establishes that the decision is supported by substantial evidence and that there is no basis for granting additional rent adjustments. For these reasons, it is recommended that the decision of the hearing examiner be affirmed.

b. Appeal T-4583; 3028 Deakin Street #3. This is an appeal of a compliance decision. Upon review, a clerical error was discovered in the calculation of rent overcharges in the original Decision on Appeal. Correction of this error results in the landlord owing the tenant an additional $6.63 in rent overcharges. Staff recommends that this correction be made.

c. Appeal T-4678; 1834 Francisco Street. This is an appeal of a hearing examiner decision that awarded rent refunds for habitability problems and for the tenant's payment of the water bill, a base year housing service. On appeal, the landlord does not dispute the hearing examiner's findings, rather he asks that the refunds be reduced by capital improvement rent increases he deferred petitioning for. This is a counterclaim. Board Regulation 1211(B) controls the filing of counterclaims in Rent Board proceedings. The Board must review the regulation and determine whether it would be appropriate to grant appellant's request.

6. Action Items

a. From Board Members, Executive Director and Committees

(1) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties. (Executive Director)

Discretionary Waivers

Waiver No.    Property Address 
3309               1804 62nd Street 
3320               2743 Fulton Street 
3327               1821 8th Street 
3328               1113, 113 ½ & 1115 Chaucer Street 
3329               3354, 3358 & 3360 King Street 
3330               1600 63rd Street/ 3327, 3329, 3331 California Street

7. Information and Announcements

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

a. Reports from Board Members/Staff.

(1) Mid-year Budget Report. (Executive Director)

(2) Update on web casting. (Executive Director)

(3) Notices of Exemption Verification mailed. (Executive Director)

(4) 2005 Statement of Economic Interests Form 700 due April 3rd. (Executive Director)

(5) Council Workshop on Condominium Conversion Ordinance on April 18th. (Commissioner Arreguin/Executive Director)

(6) Tenant's Rights Week activities in April. (Outreach Committee/Executive Director)

(7) Translation of Newsletter into Spanish (Executive Director)

(8) Publication of Pieri case ordered. (Executive Director)

(9) Mediation brochure. (Executive Director)

b. Announcements of upcoming Committee/Board Meetings. 

(1) Budget and Personnel 

(a) Minutes of March 1 meeting. 

(b) Agenda of March 20 meeting. 

(2) Outreach 

(a) Agenda of March 1 meeting (canceled due to lack of quorum). 

(3) IRA/AGA 

(a) Agenda of March 17 meeting.

(b) Minutes of October 4, 2005 meeting.

(4) Eviction 

(5) 4x4 City Council/RSB Housing Committee - Next meeting: Monday, April 3 at 6:15 p.m. at 2134 MLK, Council Chambers. 

(a) Unapproved Minutes of March 6 meeting. 

(6) Future Special Meetings

c. Discussion of items for possible placement on future agenda.

8. Adjournment