Regular Meeting

 Monday, June 18, 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


Roll Call - 7:00PM

2. Approval of the Agenda

3. Public Forum

4. Approval of the Minutes

    Minutes of the June 4, 2001 regular meeting.

5. Appeals - Time Certain - 7:30 PM 

a. Appeal T- 3760 - 1501 Stuart Street, #3. The landlord appeals the decision of the hearing examiner that found that he was required to refund the tenants' entire security deposit and to pay them the interest that had accrued on it. On appeal, the landlord contends that he is entitled to retain the deposit because the tenants vacated the rental unit mid-way through their one-year lease and he was unable to re-rent the unit for over two months. However, there is substantial evidence in the record to establish that, by attempting to rent the unit for more than the tenants had been paying, the landlord did not take reasonable steps to mitigate his damages. For this reason, it is recommended that the decision of the hearing examiner be affirmed.

b. Appeal T-3924 - 2918 Adeline Street, B. In this appeal, appellant contends that the hearing examiner did not give him credit for labor in determining the amount of rent paid. A review of the decision establishes that the hearing examiner did give appellant a credit for labor but miscounted the number of months he performed maintenance services for the owner. It is recommended that the error be corrected and the overcharge award recalculated.

6. Action Items

a. From Executive Director

Proposal to approve staff recommendations on the following requests for waiver of late registration penalties:

Waiver No.     Location 
2593                1317 Ashby Avenue 
2622                3140 Ellis Street

7. Announcements

a. Reports from Board Members/Staff.

b. Announcements of upcoming Committee Meetings:

(1) Budget/Personnel

(2) Community Education and Outreach

(3) Eviction - Thursday, June 21 at 6pm, 2001 Center, 2nd Floor

(4) Individual Rent Adjustment/Annual General Adjustment - Thursday, July 12 at 6pm, 2001 Center, 2nd Floor

(5) Student Outreach and Internship - Thursday, June 28 at 6:30pm, 2001 Center, 2nd Floor

(6) 3x3 City Council/RSB Housing Committee

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

8. Adjournment