Regular Meeting

Monday, June 7, 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 - Closed Session: 6:45 p.m    Regular Meeting: 7:00 p.m.

2. Closed Session - 6:45 p.m.


a. Board Negotiator: Jay Kelekian, Executive Director 

b. Employee Organizations: SEIU Local 790, SEIU Local 535, Local One and Unpresented Employees at the Rent Stabilization Board.

3. Approval of the Agenda

4. Public Forum

5. Approval of the MinutesMinutes of May 20, 2004 regular meeting.

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

a. Appeal T-3997/T-4007; 2237 & 2239 Dwight Way. (Second hearing.)

This petition involves a master-tenant overcharging the rent to his subtenants. Following extensive hearings, the hearing examiner found that the master-tenant was solely responsible for the collection of rent in excess of the lawful rent ceiling. The master tenant and the property owner were found to be jointly liable for the overcharges collected because the property was allowed to deteriorate. The property owner, who sold the property during the proceedings, appealed the hearing examiner's decision claiming that, because the property had been sold, the Board lacked jurisdiction to order it to refund rent overcharges. Petitioners appealed the decision claiming that the master-tenant was the owner's agent and, therefore, the owner was jointly liable for all overcharges collected. Petitioners also claim that the rent refunds ordered by the hearing examiner did not fully compensate them for the impaired use of the premises caused by the lack of maintenance and repair. A clerical error in the calculation of rent overcharges was corrected. Otherwise, following review of the record, staff recommends that the hearing examiner's decision be affirmed.

b. Appeal T-4540 - 3141 College Avenue, #8. This is a landlord's appeal of a hearing examiner decision which found that the landlord received written notice that the last original tenant was vacating, collected rent, thereby becoming ineligible to impose a Costa-Hawkins vacancy rent increase on the remaining tenant. On appeal, the landlord claims that the decision is not supported by substantial evidence and does not conform to various Board regulations. Upon review of the record, staff recommends that the decision of the hearing examiner be affirmed.

7. Action Items

a. From Executive Director and Committees

(1)Proposal that the Board request the City Council to amend the Ellis Act Implementation Ordinance (BMC Chapter 13.76) to increase relocation assistance from $4,500 to $7,000 and to include elderly and disabled tenants in the class of tenants who qualify for assistance . (Eviction Committee) [PDF file, requires Adobe Acrobat Reader.]

(2) That the Board adopt on first reading a proposal to amend Regulation 1004, Provision of Certificate of Permissible Rent Level, to provide that where a petition for an Individual Rent Adjustment is pending when a Request for Certificate of Permissible Rent Level is filed, the Certificate will not be issued within five days but instead the Request shall be consolidated with the pending IRA. (IRA/AGA Committee) [PDF file, requires Adobe Acrobat Reader.]

8. Information and Announcements

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

a. Reports from Board Members/Staff.

(1) Upcoming presentations to the Board.

(2) Update on proposed changes to Ordinance that went to Council on May 25th. (Executive Director)

(3) Registration update. (Executive Director)

(4) Measure Y Tracking Report. (Executive Director) (To be delivered.)

(5) May 26th Poetry Slam. (Executive Director)

b. Announcements of upcoming Committee Meetings

(1) Budget and Personnel 

(2) Outreach - Next meeting: Wednesday, June 16th at 6 p.m. 

(3) IRA/AGA - Next meeting: TBA after Board Summer break.

a. Agenda and unapproved minutes of June 1st meeting. 

(4) Eviction - Next meeting: 

a. Agenda and unapproved minutes of May 27th meeting. 

(5) 4x4 City Council/RSB Housing Committee

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

9. Adjournment