Regular Meeting

Monday, April 4, 2005
7 p.m.

2134 Martin Luther King Jr. Way
Council Chambers, Berkeley, CA.
Broadcast Live - KPFB - 89.3 FM
BTV Cable Channel 33


1. Roll Call - 7:00 PM 

2. Approval of Agenda 

3. Public Forum 

4. Approval of the Minutes 

Minutes of the March 7, 2005 regular meeting.

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

a. Appeal T-4584; 1521 Ashby Ave. #C. This is a tenant appeal of a hearing examiner's finding that the tenant failed to prove that the landlord was primarily responsible for a prolonged gas shut off. On appeal, the tenant claims the hearing examiner was prejudiced. However, the evidence cited by the tenant does not support this claim and a review of the record establishes that the decision of the hearing examiner is supported by substantial evidence. For this reason, it is recommended that the decision of the hearing examiner be affirmed.

6. Action Items 

a. From Board Members, Committees and Executive Director

(1) That the Board adopt on second reading proposals to amend Regulations 701 [Security Deposits], 702 [Payment of Interest on Security Deposits] and 704 [Deduction of Interest from Rent] to clarify the procedures and interest rates payable on security deposits when the interest is not paid in December as required by B.M.C. section 13.76.070.   [PDF file, requires Adobe Acrobat Reader.] (IRA/AGA Committee) 

(2) That the Board adopt on second reading proposal to amend Regulation 1271 to provide for tolling of limitation period for liability for rent overcharges where the tenant delays filing petition in reasonable reliance on landlord's misrepresentations. [PDF file, requires Adobe Acrobat Reader.] (IRA/AGA Committee)

(3) Recommendation that the Board adopt a resolution urging the California State Legislature to approve Assembly Bill 781 requiring ownership of rental property for five years before removal under the Ellis Act.   [PDF file, requires Adobe Acrobat Reader.] (Eviction Committee) 

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

Discretionary Waivers

Waiver No.      Property Address
3225                 1823 Delaware Street (Request of continuance to April 18th meeting by owner) 
3232                 1780 Le Roy Ave. (Continued from 3/7/05)
3243                 2700 Sacramento Street 
3246                 1917 6th Street 
3249                 1217 Haskell Street 
3251                 2338 Telegraph Avenue

7. Information and Announcements

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

a. Reports and information from Board Members/staff.

(1) Background on City of Berkeley's: Inclusionary Ordinance, Density Bonuses for Inclusionary Housing, Condominium Conversion Regulations, and Tenancy in Common (TIC) Regulations and potential revisions. (Executive Director)

(2) Letter from City Manager, Phil Kamlarz, regarding imminently hazardous buildings at 2020 - 2040 and 2050, A-F, Third Street and 651 A-N Addison Street. (Executive Director)

(3) Tenants Rights Week. (Outreach Committee/Executive Director)

(4) UC student dorm presentation. (Executive Director)

(5) Soft story update. (Executive Director)

b. Committee meeting announcements and reports. (Committee meetings will be held at the Rent Board Offices located at 2001 Center Street, 2nd Floor, Law Library unless otherwise noted.)

(1) Budget/Personnel

(2) Outreach 

a. Unapproved minutes of February 17th meeting.

(3) Eviction - Next meeting: Monday, April 11th at 5:30 p.m. 

a. Approved minutes of March 14th meeting. 

b. Unapproved minutes of March 21st meeting.

(4) IRA/AGA - Next meeting: Monday, May 9th at 6 p.m. 

a. Unapproved minutes of March 21st meeting. 

(5) 4 x 4

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

8. Adjournment