Regular Meeting

Thursday, April 8, 2004
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 Agenda 

Please Note: The Board may rearrange items to accommodate time certain items.

3. Public Forum

4. Approval of the Minutes

Minutes of the March 15, 2004 regular meeting.

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

(a) Appeal T-4215; 1647 Harmon Street. (Continued from March 15th). This is an appeal of a finding that the landlord had complied with an order to refund rent overcharges and, therefore, qualified to increase the rent on the tenants' unit. Several months after the compliance decision was issued, the Board modified the underlying hearing examiner decision to increase the amount of rent overcharges. The tenants now argue that, because additional rent overcharges were found to be owed, the landlord was never in complete compliance with the refund order and, therefore, ineligible to increase the rent. The Board encourages prompt compliance with all refund orders and no public policy is served by retroactively invalidating a good faith attempt to comply with such an order. Since the landlord complied with all outstanding orders of the hearing examiner, it is recommended that the finding of compliance be affirmed.

(b) Appeal T-3997/T-4007; 2237 & 2239 Dwight Way. (Continued to May 3, 2004).

6. Action Items

a. From Executive Director and Staff

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

Discretionary Waivers

Waiver No.      Property Address 
3074                 906 Hearst Avenue 
3102                 1304 Alcatraz Avenue 
3107                 1429 Spruce Street 
3124                 1729 San Pablo Avenue 
3131                 2746 Garber Street

b. From Board Members, Committees and Staff

(1) Request for Board action regarding ZAB decision that eliminates owner move in eviction protections. (Executive Director and Staff Attorney)

(2) Poetry Slam (Outreach Committee)

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) Mid Year FY 2004 Budget Report

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 - Next meeting Wednesday, April 14 at 6 p.m.

(3) Eviction - Next meeting: Monday, April 19 at 6 p.m.

(a) Agenda of March 30 meeting. 

(b) Unapproved minutes of March 30 meeting.

(4) IRA/AGA - Next meeting:  Tuesday, April 13, 2004

(a) Unapproved minutes of March 16th meeting.

(5) 4x4 Joint Committee on Housing Rent Board/City Council Next meeting: Monday, April 12th at 7:30 p.m. at 2134 Martin Luther King Jr. Way, Second Floor Council Chambers.

(a) Approved minutes of March 8th meeting. 

(b) Agenda of March 22nd meeting.

(c) Agenda of April 12th meeting and Public Hearing.

(6) Ad Hoc Committee on Section 8

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

8. Adjournment