Regular Meeting

Monday, October 20, 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 Agenda

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

3. Ceremonial Matters

Proclamation honoring 18 years of outstanding counseling service to tenants and landlords for the Rent Stabilization Board and celebrating the retirement of Carlos Rios.

4. Public Hearing on the Year 2004 Annual General Adjustment (AGA) and the Final AGA Report (PDF file, requires Adobe Acrobat Reader). - 7:05PM

a. Staff presentation and update (PDF file, requires Adobe Acrobat Reader). (Executive Director)

b. Testimony from members of public. 

c. Recommendation from IRA/AGA Committee. 

d. Comments from Board Members, questions to staff and consultant. 

e. Adoption of the Year 2004 AGA Order, Regulation 1126.

5. Public Forum

6. Approval of the Minutes

Minutes of the October 2, 2003 regular meeting.

7. Appeal - Time Certain - 8:00 p.m.

a. Appeal T-4437 - 2834 Sacramento Street, Apt. A. This is an appeal of a hearing examiner decision that found that the initial rent set for the subject unit was $800 per month, not $1100, because the $300 monthly credit listed in the lease for an unspecified amount of labor was a subterfuge to avoid future rent regulation. The examiner also found that the landlord illegally increased the security deposit after the commencement of the tenancy. On appeal, appellant argues that the lease provision establishing an $1100 per month rent should be enforced and that Civil Code section 1950.5 allowed him to increase the security deposit. Upon review, staff finds no merit to the appeal and recommends that the decision of the hearing examiner be affirmed.

b. Appeal T-4484 - 2804 Kelsey Street. This is an appeal from a former tenant that challenges the hearing examiner's finding that the subject property is exempt from the Rent Ordinance as an owner-occupied duplex. On appeal, appellant contends that the property should be considered a triplex because neither she nor the other tenant on the property shared kitchen or bath facilities with the landlord. However, the individual rooms rented by the tenants do not meet the definition of a rental unit. Thus, there are only two units on the property. The owner lives on the property and holds a 100% recorded interest in the property. The property was similarly occupied in December 1979. Therefore, the hearing examiner's decision should be affirmed because the property is an owner-occupied duplex that is exempt from the Rent Ordinance.

8. Action Items

a. From Executive Director

(1) Proposal to cancel the November 3, 2003 meeting of the Board.

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

Discretionary Waivers

Waiver No      Street Address 
3058                2147 Russell Street 
3059                2238 Russell Street 
3061                     67 Canyon Road 
3063                1733-35 Allston Way 
3082                1512 Harmon Street 
3084                1233 Evelyn Street 
3099                2305 Bonar 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) Tenants Rights Week activities.

(2) Weldon Rucker retirement celebration

(3) An article written by Matthew Artz in the October 7th Berkeley Daily Planet titled Rent Hike Numbers Challenge City Board.

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 - Next meeting: Monday, October 27 at 6:00 p.m.


(5) 3 x 3

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

10. Adjournment