Regular Meeting

Monday, November 15, 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: 6:00 p.m.;  Regular Meeting: 7:00 p.m.

2. Closed Session - 6:00 p.m.

(Subdivision (a) of Section 54956.9 of the Government Code)

City of Berkeley Rent Stabilization Board v. Alpha Epsilon Phi (Tau Chapter) Housing Ass'n et al 
Alameda Co. Sup. Ct. No. 782442-3

CONFERENCE WITH LABOR NEGOTIATORS: Commissioners Chong, Hogarth, Payne and Walden, pursuant to Government Code section 54957.6

Unrepresented Employee: Executive Director

3. Approval of Agenda

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

4. Public Forum

5. Approval of the Minutes

Minutes of the October 18, 2004 regular meeting.

6. Special Order of Business

a. Resolution to be presented to Chair Anderson on behalf of the Berkeley Rent Stabilization Board and staff in appreciation of 8 years of outstanding service as a Rent Board Commissioner.

b. Resolution to be presented to former Vice Chair Alberti in appreciation of 4 years of outstanding service a Rent Board Commissioner.

c. Resolution to be presented to Vice-Chair Hogarth in appreciation of 4 years of outstanding service a Rent Board Commissioner.

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

a. Appeal T-4253; 2323 Hearst Avenue. (Continued from July 8, 2004 meeting.) 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-4291; 2413 Milvia Street, #5. This is an appeal of a compliance decision that found that the tenant has recovered the rent overcharges and security deposit interest awarded in the initial decision on this petition. No evidence is cited and no explanation is given to support the allegation that the landlord has not complied with the initial hearing examiner decision. For this reason, it is recommended that the finding of compliance be affirmed.

8. Action Items

a. From Executive Director and Board Committees

(1) That the Board adopt on first reading proposed Amendment to Regulations 701 [Security Deposits] and 702 [Payment of Interest on Security Deposits] and Proposed Repeal of Regulation 703 [Payment of Interest Where Funds are not Deposited] to Conform to Measure P. (IRA/AGA Committee)  [PDF file, requires Adobe Acrobat Reader.] 

(2) That the Board adopt on first reading proposed Amendment to Regulation 1100 [Conditions for Taking Annual General Adjustments] to conform to Measure O by deleting Subdivision (A). (IRA/AGA Committee) [PDF file, requires Adobe Acrobat Reader.]  

(3) That the Board adopt on first reading proposed Regulation 1241.5, Effect of Landlord's Offer to Comply with Rent Overcharge Refund Order, to provide that where a landlord offers to pay the full amount of a hearing examiner's rent refund order, (1) the tenant's acceptance of the payment constitutes a waiver of the tenant's appeal rights provided the tenant received written notification of the consequences of acceptance and (2) if the offer is not accepted, the landlord will nonetheless be deemed in compliance with the order provided the landlord deposits the payment into a Board maintained escrow account. (IRA/AGA Committee) [PDF file, requires Adobe Acrobat Reader.]  

(4) That the Board adopt on first reading a proposal to amend Regulation 1310 [All Evictions: Specificity of Good Cause in Notice and Complaint] to conform to Measure P. (Executive Director) [PDF file, requires Adobe Acrobat Reader.]

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

Discretionary Waivers

Waiver No.      Property Address
3129 & 3179   2110 Spaulding and 2204 California Street
3180                 2308-A Haste Street 
3184                 1964 San Pablo Avenue 
3189                 2315 Durant Avenue 
3192                 1203 Haskell Street 
3194                 1930 Delaware Street 
3198                 2134 Bonar Street 
3201                 1615 Prince Street 
3213                 2029 Essex Street

9. Information and Announcements

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

a. Reports and information from Board Members/staff.

(1) Market Medians: January '99 through September '04 (Executive Director) [Links to PDF file]

(2) November 2004 Election Results (Executive Director)

(3) AGA landlord and tenant mailing. (Executive Director)

(4) Personnel Board action on the Staff Attorney I position (Executive Director) 

(5) Retirement of City Clerk Sherry Kelly (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 

(3) Eviction 

(4) IRA/AGA 

(a) Unapproved minutes: Thursday, November 4th meeting. 

(5) 4 x 4

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

10. Adjournment