Everyone is required to stay home, except for essential needs. When out, protect yourself and those around you by wearing a face covering, staying 6 feet away from others, and washing your hands often. Learn more at cityofberkeley.info/covid19. City offices are closed to the public. Some services are available remotely.

The City of Berkeley Health Officer has ordered all residents to shelter at home, leaving only to receive or provide essential services, starting 12:01 am on Tuesday, March 17. See details of the Order, frequently asked questions, and recommendations from Berkeley Public Health at https://www.cityofberkeley.info/coronavirus.

City Council Live Stream: Please visit https://www.cityofberkeley.info/CalendarEventWebcastMain.aspx

ZAB Live Stream: Please visit http://www.cityofberkeley.info/Clerk/Commissions/Zoning_Adjustment_Board_Meeting_-_Video_Stream.aspx.

The City of Berkeley web site is undergoing scheduled maintenance starting on Friday night, September 13 and ending on Saturday afternoon, September 14. During this time, most web pages should be available, but some resources may become unavailable for short periods of time.

Looking for a live stream of the Zoning Adjustments Board (ZAB) meeting on 5/9/19, at 7:00pm? Please visit https://www.youtube.com/channel/UC1UAnZ8kU8EWllREyOY7rwQ/. The normal viewing methods will not work this time due to a concurrent City Council Special Meeting at the same time.

Looking for a live stream of the Zoning Adjustments Board (ZAB) meeting on 2/28/19, from 6:00 to 11:00 PM? Please visit http://www.cityofberkeley.info/Clerk/Commissions/Zoning_Adjustment_Board_Meeting_-_Video_Stream.aspx. The normal viewing methods will not work this time due to a concurrent City Council Special Meeting at the same date and time.

PG&E is reporting a widespread outage affecting thousands of customers in Berkeley and many City buildings, including the Finance Customer Service Center and the Permit Service Center. Call respective City services for further details, or check the PG&E outage page. Power is expected to return by 12:45pm. Traffic lights that are not working should be treated as a four-way stop sign.

Translation Disclaimer

Rent Stabilization Board
Rent Stabilization Board

RENT STABILIZATION BOARD
Regular Meeting

Monday, November 15, 2004
7 p.m.

2134 Martin Luther King Jr. Way
Council Chambers, Berkeley, CA.
Broadcast Live - KPFB - 89.3 FM
BTV Cable Channel 33

AGENDA

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)

City of Berkeley Rent Stabilization Board v. Alpha Epsilon Phi (Tau Chapter) Housing Ass'n et al 
Alameda Co. Sup. Ct. No. 782442-3

CONFERENCE WITH LABOR NEGOTIATORS: Commissioners Chong, Hogarth, Payne and Walden, pursuant to Government Code section 54957.6

Unrepresented Employee: Executive Director

3. Approval of Agenda

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

4. Public Forum

5. Approval of the Minutes

Minutes of the October 18, 2004 regular meeting.

6. Special Order of Business

a. Resolution to be presented to Chair Anderson on behalf of the Berkeley Rent Stabilization Board and staff in appreciation of 8 years of outstanding service as a Rent Board Commissioner.

b. Resolution to be presented to former Vice Chair Alberti in appreciation of 4 years of outstanding service a Rent Board Commissioner.

c. Resolution to be presented to Vice-Chair Hogarth in appreciation of 4 years of outstanding service a Rent Board Commissioner.

7. Appeal - Time Certain - 7:30 p.m.

a. Appeal T-4253; 2323 Hearst Avenue. (Continued from July 8, 2004 meeting.) This is a landlord's appeal of a hearing examiner's decision that awarded rent overcharges for numerous habitability problems in the subject unit. The landlord purchased the property from the estate of the prior owner. The landlord was ordered to refund overcharges that he had collected as well as overcharges collected by the prior owner and her estate. Normally, a landlord purchasing residential rental property takes both the benefits and the burdens associated with the property, including the responsibility to refund any overcharges collected by his or her predecessor. There is an exception, however, when the prior owner dies and her estate goes through probate. In this situation, the tenants' claim for overcharges is no different than any other creditor's claim and, if not timely filed, may be time barred. Therefore, on appeal it is recommended that the decision of the hearing examiner be modified to limit the recovery of rent overcharges to those actually collected by appellant landlord.

b. Appeal T-4291; 2413 Milvia Street, #5. This is an appeal of a compliance decision that found that the tenant has recovered the rent overcharges and security deposit interest awarded in the initial decision on this petition. No evidence is cited and no explanation is given to support the allegation that the landlord has not complied with the initial hearing examiner decision. For this reason, it is recommended that the finding of compliance be affirmed.

8. Action Items

a. From Executive Director and Board Committees

(1) That the Board adopt on first reading proposed Amendment to Regulations 701 [Security Deposits] and 702 [Payment of Interest on Security Deposits] and Proposed Repeal of Regulation 703 [Payment of Interest Where Funds are not Deposited] to Conform to Measure P. (IRA/AGA Committee)  [PDF file, requires Adobe Acrobat Reader.] 

(2) That the Board adopt on first reading proposed Amendment to Regulation 1100 [Conditions for Taking Annual General Adjustments] to conform to Measure O by deleting Subdivision (A). (IRA/AGA Committee) [PDF file, requires Adobe Acrobat Reader.]  

(3) That the Board adopt on first reading proposed Regulation 1241.5, Effect of Landlord's Offer to Comply with Rent Overcharge Refund Order, to provide that where a landlord offers to pay the full amount of a hearing examiner's rent refund order, (1) the tenant's acceptance of the payment constitutes a waiver of the tenant's appeal rights provided the tenant received written notification of the consequences of acceptance and (2) if the offer is not accepted, the landlord will nonetheless be deemed in compliance with the order provided the landlord deposits the payment into a Board maintained escrow account. (IRA/AGA Committee) [PDF file, requires Adobe Acrobat Reader.]  

(4) That the Board adopt on first reading a proposal to amend Regulation 1310 [All Evictions: Specificity of Good Cause in Notice and Complaint] to conform to Measure P. (Executive Director) [PDF file, requires Adobe Acrobat Reader.]

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

Discretionary Waivers

Waiver No.      Property Address
3129 & 3179   2110 Spaulding and 2204 California Street
3180                 2308-A Haste Street 
3184                 1964 San Pablo Avenue 
3189                 2315 Durant Avenue 
3192                 1203 Haskell Street 
3194                 1930 Delaware Street 
3198                 2134 Bonar Street 
3201                 1615 Prince Street 
3213                 2029 Essex 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) Market Medians: January '99 through September '04 (Executive Director) [Links to PDF file]

(2) November 2004 Election Results (Executive Director)

(3) AGA landlord and tenant mailing. (Executive Director)

(4) Personnel Board action on the Staff Attorney I position (Executive Director) 

(5) Retirement of City Clerk Sherry Kelly (Executive Director)

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 

(4) IRA/AGA 

(a) Unapproved minutes: Thursday, November 4th meeting. 

(5) 4 x 4

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

10. Adjournment

Home | Web Policy | Text-Only Site Map | Contact Us
Rent Stabilization Board, 2125 Milvia Street, Berkeley, CA 94704
Questions or comments? Email: rent@cityofberkeley.info Phone: (510) 981-7368
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903
###