Regular Meeting

 Monday, December 3, 2001
7 p.m.

2134 Martin Luther King Jr. Way
City Council Chambers, Second Floor
Berkeley, CA
Broadcast Live - KPFB - 89.3 (N. Berkeley)
BTV Cable Channel 25


1. Roll Call - 7:00PM

2. Approval of the Agenda

3. Public Forum

4. Approval of the Minutes

Minutes of the November 19, 2001 regular meeting.

5. Appeals - Time Certain - 7:30 PM

T-3999, 2030 Essex St., #3.  The landlord appeals a determination that she collected illegally high rent, unreasonably delayed granting the tenant permission to get a new roommate, and failed to refund security deposit interest. On appeal, the landlord claims that the lease was breached when the tenant's roommate vacated without giving notice to the landlord. The landlord also claims that the unit was sublet without her permission and that she was not given credit for the dump fees incurred removing the tenant's discarded personal property from the premises. The failure of the roommate to give notice, whether or not a breach of the lease, is not relevant to the issue of whether the landlord collected rent overcharges from the tenant. Also, there is no evidence in the record to support the claim that the unit was sublet without permission or that dump fees were incurred removing items discarded by the tenant from the property. Therefore, staff recommends that the decision of the hearing examiner be affirmed.

6. Action Items

a. From Committees

(1) Proposal to amend Regulation 1271 to clarify that rent overcharges resulting from a failure to return interest earned on security deposits are not subject to the three-year statute of limitations. (IRA/AGA Committee).

(2) Proposal to amend Regulation 1013 to conform to recent amendment to Civil Code Section 1952.52 (Costa-Hawkins) enacted by SB 985 that restricts the exemption for condominium units to only such units that have been sold separately by the subdivider to a bona fide purchaser for value.

b. From Executive Director

(1) Proposal to adopt a 2002 Board Meeting Schedule.

7. Announcements

a. Reports from Board Members/Staff.

b. Announcements of upcoming Committee Meetings:

(1) Budget/Personnel
(2) Community Education and Outreach
(3) Eviction
(4) Individual Rent Adjustment/ Adjustment
(5) Student Outreach and Internship - Thursday, January 24 at 6PM U.C. Campus
(6) 3x3 City Council/RSB Housing Committee

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

8. Adjournment