Regular Meeting

Monday, July 7, 2003
7 p.m.

2134 Martin Luther King Jr. Way
Council Chambers, Berkeley, CA.
Broadcast Live - KPFB - 89.3 FM
BTV Cable Channel 25 and
CTV Cable Channel 78


1. Roll Call - 7:00 p.m.

2. Approval of the Agenda

3. Public Forum

4. Special Order of Business

Report from Rent Board Lobbyist, Christine Minnehan.

5. Approval of the Minutes - Minutes of June 16, 2003 regular meeting.

6. Appeals - Time Certain - 7:30 PM.

a. Appeal T-4215 - 1647 Harmon Street, #1. Tenants appeal the hearing examiner decision which granted them over $8,400 in rent overcharges. In the appeal, tenants claim the hearing examiner misapplied the law and generally did not give proper weight to their evidence. Upon review, one clerical error was discovered and the evidence appears to support granting additional rent reductions because the water heater was not properly vented, carpet in several rooms had deteriorated and mice were a problem in the unit for a period of time. Staff recommends that the decision of the hearing examiner be modified to correct the clerical error and to include these additional reductions.

b. Appeal RWN-1395 - 2709 Derby Street. This is a petition to determine whether the property is subject to the Rent Ordinance. The landlord contends that a unit at the property is her principal residence and she shares the kitchen and bath with the tenants. The hearing examiner, however, found that the property was not the landlord's principal residence and, therefore, was not exempt from the Ordinance and therefore needed to be registered with the Rent Board. The landlord appeals claiming that the decision is not supported by the evidence, but is the result of a cultural bias. A review of the record establishes that there is no basis to this claim. For this reason, it is recommended that the decision be affirmed.

7. Action Items

a. From Committees and Executive Director.

(1) That the Board adopt first reading of proposal to Amend Subdivision (B)(1) of Regulation 1269 to provide that, in addition to being entitled to a rent decrease where a landlord decreases the housing services or living space provided on May 31, 1980, a pre-Costa-Hawkins tenant may receive a decrease in the rent ceiling where the landlord causes a decrease in any additional housing services or living space from that which was provided at the beginning of the tenancy pursuant to the rental agreement[PDF file, requires Adobe Acrobat Reader.]   (IRA/AGA Committee)

(2) That the Board adopt a resolution which establishes a procedure for cases in which a party files a full and complete appeal within the time limitations outlined in Regulation 1242(C) but fails to include adequate payment or request a waiver of the filing fee. [PDF file, requires Adobe Acrobat Reader.] (IRA/AGA Committee)

(3) That the Board authorize the Executive Director to execute a contract with Kenneth Baar to prepare the yearly study of apartment operating costs for the 2004 Annual General Adjustment (AGA) process in an amount no to exceed $10,000. [PDF file, requires Adobe Acrobat Reader.]  (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) Council report amending the Ellis Bill Implementation Ordinance.

(2) Registration update.

(3) Hearings Unit Statistics: Close of Record to Decision - January 1, 2002 through December 31, 2002.

b. Announcements of upcoming Committee Meetings: 

(1) Budget and Personnel

(2) Outreach - Next meeting: Wednesday, August 20 at 6 p.m. 

(a) Unapproved minutes of Wednesday, June 9 meeting. 

(b) Agenda of July 2 meeting. 

(3) IRA/AGA - Next meeting: Tuesday, July 15 at 5:30. 

(a) Unapproved minutes of Thursday, June 26 meeting. 

(4) Eviction 

(5) 3x3 City Council/RSB Housing Committee

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

9. Adjournment