Regular Meeting

Monday, August 18, 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 - Closed Session: 6:00 p.m. Regular Meeting: 7:00 p.m.

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

CONFERENCE WITH LEGAL COUNSEL - Existing Litigation (Subdivision (a) of Section 54956.9 of the Government Code)

Hanerfeld v. City of Berkeley Rent Stabilization Board (Ziaeian) Alameda County Superior Court No. RG03106423

Hanerfeld v. City of Berkeley Rent Stabilization Board Alameda County Superior Court No. 2001029283 Court of Appeal No. A103412

King v. City of Berkeley Rent Stabilization Board (Dai) Alameda County Superior Court No. 2001-035396

3. Approval of the Agenda 

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

4. Public Forum

5. Approval of the Minutes - Minutes of July 7, 2003 regular meeting.

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

a. Appeal RWN-1395 - 2709 Derby Street. (Continued from July 7, 2003 meeting, will be continued to September 4, 2003 regular meeting.)

b. Appeal T-4315 - 834 Bancroft Avenue, B. The tenants appeal the hearing examiner decision that set the rent for the two-bedroom unit at $745.97 and awarded $407.78 in rent overcharges. On appeal, the tenants challenge virtually every finding of the hearing examiner. Upon review, staff recommends that the Board correct a clerical error in the calculation of the rent reduction for inoperable burners on the stove and determine the rent reduction to be granted for the removal of security bars or remand the petition for such determination; in all other respects the decision should be affirmed.

c. Appeal T-4352 - 1176 University Avenue, #101. The landlord, a professional property management company, appeals the hearing examiner's finding that the landlord was not entitled to set an initial rent at the beginning of petitioners' tenancy in 2000 because at least one petitioner was an original tenant under a 1998 rental agreement. On appeal, the landlord seeks to introduce for the first time a copy of a 1995 lease to prove that it was entitled to set an initial rent in 2000 because that was when the last original tenant under the 1995 lease vacated the unit. There appears to be no reason why, with reasonable diligence, this evidence could not have been produced at the original hearing. Therefore, pursuant to Board Regulation 1242(K), it may not be submitted or considered on appeal. Moreover, even if the lease were considered, it would not establish a basis for modifying the hearing examiner's decision, which we recommend be affirmed.

7. Action Items

a. From Committees and Executive Director.

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

Waiver No.      Location
3026                 2431 College Avenue (Waiver for Reconsideration)

(2) That the Board adopt second 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)

(3) That the Board adopt first reading of proposal to repeal Regulation 1239 to eliminate the requirement that the amount of a rent adjustment granted not exceed the amount requested in the rent adjustment petition.

8. Information and Announcements

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

a. Reports from Board Members/Staff.

(1) Copy of recent San Francisco Chronicle article "Tumbling Bay Area Rents, Occupancies Vex Landlords."

b. Announcements of upcoming Committee Meetings

(1) Budget and Personnel 

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

(a) Unapproved minutes of July 2, 2003 meeting. 

(3) IRA/AGA - Next meeting: September 16 at 5:30 p.m. 

(a) Unapproved minutes of July 15 meeting. 

(b) Unapproved minutes of August 7, 2003. 

(4) Eviction 

(5) 3x3 City Council/RSB Housing Committee

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

9. Adjournment