Regular Meeting

Monday, June 20, 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 p.m.

2. Approval of the Agenda.

3. Public Forum

4. Approval of the June 6, 2005 regular meeting minutes.

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

a. Appeal L-3842; 2215 Bonar Street, #F. The landlord and tenant appeal the hearing examiner's determination that the base occupancy level of the two-bedroom unit is three persons and that the landlord is entitled to a 10% increase in occupancy. On appeal, the tenants claim that the Doctrine of Unclean Hands bars the landlord from receiving a rent increase, that the Board need not follow the Munger decision in establishing the unit's lawful rent ceiling and that the landlord waived his rights to a rent adjustment by delaying filing his petition. The landlord claims the hearing examiner abused her discretion in establishing the base occupancy level. There is no merit to these claims. However, the landlord does point out that the hearing examiner did misread Regulation 1270 with regard to who were the original tenants in the unit. Correction of this error requires the landlord to be granted an additional 10% increase.

6. Action Items

a. From Board Members, Executive Director and Committees

(1)Proposal that the Board adopt on second reading amendments to Regulation 1301 to clarify when a non-comparable dwelling unit is available as a replacement unit for purposes of eviction for occupancy by owner or owner's relative.  [PDF file, requires Adobe Acrobat Reader.] (Eviction Committee) 

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

Ministerial Waivers

Waiver No.      Property Address
3227                 1606 Tyler Street

Discretionary Waivers

Waiver No.      Property Address
3217                 1109 Parker Street 
3269                 1815 Oregon Street 
3271                 1300 Delaware Street

7. Information and Announcements

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

a. Reports from Board Members/Staff.

(1) Soft story update. (Executive Director)

(2) Drayage building update. (Executive Director)

(3) TIC/Condo Conversion update. (Executive Director)

(4) Registration update. (Executive Director)

(5) Supreme Court Decision in Wasatch Property Management v. Syriah Degrate case. (Executive Director)

b. Announcements of upcoming Committee Meetings: 

(1) Budget and Personnel 

(2) Outreach 

a. Unapproved minutes of May 31, 2005 

(3) IRA/AGA 

a. Monday, June 13th meeting canceled - no quorum. 

(4) Eviction 

a. Agenda for June 22nd meeting. 

(5) 4x4 City Council/RSB Housing Committee . 

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

(1) Update on Case Management progress in PIU.

(2) Web casting.

(3) Report from Legislative Advocate. 

8. Adjournment