Regular Meeting

 Monday, September 6, 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 August 20, 2001 regular meeting.

5. Appeals - Time Certain - 7:30 PM 

a. Appeal T-3941 - 1918 ½ Blake Street. (Continued from August 20, 2001 regular meeting.) This is an appeal of a hearing examiner decision that found that no additional rent reduction was warranted for the inconvenience experienced while work was done to correct code violations for which the tenant had previously received a rent reduction. On appeal, the tenant requests that the petition be remanded for an additional hearing to allow him to present additional evidence on how the repair work impaired his use and enjoyment of the rental unit. The record establishes that appellant had the opportunity to present his case at a fair hearing. Furthermore, the decision follows existing case law. Therefore, it is recommended that the decision of the hearing examiner be affirmed.

b. Appeal T-3828 - 2522 Piedmont Avenue #7. This is an appeal of a hearing examiner's decision that a scheme whereby a landlord rented a unit to a "tenant" and two "roommates" and then sought to create a vacancy by evicting a holdover "roommate" when the "tenant" vacated, was not a policy within the meaning of Regulation 1270(C) that reduced the occupancy level of the rental unit. Upon review, it is determined that the landlords' scheme does constitute a policy that had the effect of reducing the number of occupants in the unit to a number below the base occupancy level. For this reason, it is recommended that the decision be modified to grant a 50% rent reduction.

6. Action Items

a. From Committees

(1) Second reading of proposed Regulation 1301 to provide a procedure for determining the initial rent of a non-comparable unit required to be offered by a landlord to a tenant displaced by an owner-occupancy eviction subject to Measure Y. (IRA/AGA Committee)

(2) Second reading of proposed amendments to Regulation 1234 to provide: (1) that unless otherwise specified, the time to respond to an order or notice served by mail is extended by five days; and (2) that a party failing to perform an act by a date certain (except the filing of an appeal) may be relieved of the consequences of that failure upon a demonstration that there was good cause for the failure. (IRA/AGA Committee)

(3) First reading of proposal to adopt regulation 1015 that permits an Ellis Act Notice of Intent to Withdraw Accommodations from Rent or Lease to be rescinded and the constraints placed on the property pursuant to Berkeley Municipal Code Chapter 13.77 to be removed upon a showing that no vacancies occurred, or will occur, as a consequence of the Ellis filing or that there are exceptional circumstances that warrant removing the constraints.

b. From Board Members

(1) Proposal to write a letter to the San Rafael City Council supporting the position of the mobile home owners opposing any diminution in rent control protection. (Commissioners Maldonado and Spector.)

(2) Proposal that Rent Stabilization Board be a co-sponsor of a Housing Forum sponsored by Alameda County Commission on Aging, to take place on Thursday, October 18, 2001 at St. Mary's Center in Oakland. (Commissioner Harris.)

(3) Proposal that the Board sponsor an all state rent control conference in January 2003 and that the Board authorize the Executive Director to reserve a conference room for that conference soon. (Commissioner Spector.)

c. From Executive Director

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

Waiver No.     Location
2655                1612 Hopkins Street
2664                1404 Russell Street
2667                1411 Kains Street
2669                2128 Essex Street
2671                2217 9th Street 
2673                2141 Ward Street
2674                1613 6th Street 
2675                1329 66th Street 
2676                1306 Harmon Street
2677                2238 Curtis Street
2678                1615 Virginia Street
2681                1548 Tyler Street 
2686                1646 Alcatraz Avenue

(2) Request for guidance to staff on types of mediation they are permitted to do.

(3) Proposal that the Rent Board adopt a resolution authorizing the Executive Director to transfer $35,000 to the City of Berkeley Housing to fund a half-time housing representative for Fiscal Year 2001/2002 in order to help implement the Rental Housing Safety Program (RHSP).

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/Annual General Adjustment 
(5) Student Outreach and Internship
(6) 3x3 City Council/RSB Housing Committee

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

8. Adjournment