Regular Meeting

Thursday, July 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 the Agenda

3. Public Forum

4. Approval of the MinutesMinutes of June 21, 2004 regular meeting.

5. Special Order of Business

Report by Rent Board Lobbyist, Christine Minnehan

6. Appeal - Time Certain 7:30 p.m.

a. Appeal T-4253; 2323 Hearst Avenue. This is a landlord's appeal of a hearing examiner's decision that awarded rent overcharges for numerous habitability problems in the subject unit. The landlord purchased the property from the estate of the prior owner. The landlord was ordered to refund overcharges that he had collected as well as overcharges collected by the prior owner and her estate. Normally, a landlord purchasing residential rental property takes both the benefits and the burdens associated with the property, including the responsibility to refund any overcharges collected by his or her predecessor. There is an exception, however, when the prior owner dies and her estate goes through probate. In this situation, the tenants' claim for overcharges is no different than any other creditor's claim and, if not timely filed, may be time barred. Therefore, on appeal it is recommended that the decision of the hearing examiner be modified to limit the recovery of rent overcharges to those actually collected by appellant landlord.

b. Appeal T-4351; 1675 Euclid Avenue, #6. (Continued from April 19, 2004 meeting.) The landlord and tenant appeal the hearing examiner's decision which awarded the tenant $1,048.41 in rent overcharges and unreimbursed repair costs. The landlord's appeal was filed after the time for filing an appeal had passed. Therefore, the Board lacks jurisdiction to consider the appeal. In her appeal, the tenant raised numerous claims of error. After review of the record, it is recommended that the hearing examiner decision be modified to grant additional relief because of a temporary decrease in building security, a temporary lack of adequate heat and an odor in the unit. Also, it is recommended that the landlord be held ineligible for the 2000 AGA for the month of January 2000. In all other respects, it is recommended that the decision of the hearing examiner be affirmed.

7. Action Items

a. From Executive Director and Board Members

(1) Recommendation to appoint labor negotiator to renegotiate the contract with the Board's Executive Director. (Commissioners Anderson and Chong)

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

Ministerial Waivers

Waiver No.     Property Address
3150                2433 San Pablo Avenue 
3152                2006/2010-2014 Vine Street 

Discretionary Waivers

Waiver No.     Property Address
3151                1911 MLK Jr. Way 
3153                1532 Francisco Street 
3154                1910 Oregon Street/
                         2827 MLK Jr. Way

(3) Proposal that the Board adopt a resolution to authorize a reduction in compensation for the Executive Director of 3% of a salary increase scheduled to go into effect on July 4, 2004 for Fiscal Year 2005 until July 3, 2005. (Executive Director)

8. Information and Announcements

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

a. Reports from Board Members/Staff.

(1) Registration Update

(2) Status of Proposed Ballot Measure

(3) Measure Y Tracking Report (To be delivered.)

b. Announcements of upcoming Committee Meetings

(1) Budget and Personnel 

(2) Outreach 

(3) IRA/AGA 

(4) Eviction 

(5) 4x4 City Council/RSB Housing Committee

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

9. Closed Session pursuant to Government Code section 54957.6

Board Negotiator: As appointed in open session in Item No. 7.a (1) above.

10. Adjournment