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Rent Stabilization Board
Rent Stabilization Board

Regular Meeting

Monday, July 16, 2012
7:00 p.m.

Maudelle Shirek Building
2134 Martin Luther King Jr. Way
Council Chambers, Second Floor
Broadcast Live – KPFB – 89.3
(N. Berkeley) and BTV Cable Channel 33

 Video Archive
(3 hrs, 45 mins)  


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If you are unable to access this information online, please participate by contacting us via e-mail at, telephone (510) 981-7368 (981-RENT), or TDD (510) 981-6903.  

1. Roll call – 7:00 p.m.

2. Approval of Agenda

3. Public Forum

4. Approval of prior meeting minutes:

a. May 14, 2012 Special Meeting minutes  (PDF file)

b. June 18, 2012 Regular Meeting minutes (PDF file)

5. Special Presentations/Reports: (held over from previous meetings)

a. Rent Stabilization, Vacancy Decontrol and Reinvestment in Rental Property in Berkeley (Deputy Director Stephen Barton and Rent Board Assistant Planner Lief Bursell)

b. Customer Service Survey of Berkeley Rental Property Owners and Managers (Deputy Director Barton)

c. February 8, 2012 Foreclosure Report to the Eviction/Section 8/Foreclosure Committee (Commissioner Harr)

d. Report on the Rent Board’s role in the Berkeley Housing Authority Public Housing Conversion (Deputy Director Barton)

6. Appeal Time Certain – 8:15 p.m.  

Appeal T-5151 (2922 Otis Street, Unit B)

Both tenant and landlord filed an appeal of a hearing examiner’s Compliance Decision that awarded the tenant rent ceiling reductions for various decreases in housing services and housing code violations at the rental unit. The landlord argues in his appeal that several of the conditions for which the hearing examiner awarded a reduction were not a part of the initial petition and that the tenant did not submit sufficient evidence to merit a reduction. The tenant argues that, for various reasons, she is entitled to an increased award for many of the conditions. A review of the record establishes that the hearing examiner correctly ruled on the issues before the Rent Board. Therefore, the decision should be affirmed.

7. Action Items

a. From Board Members, Executive Director and Committees

(1) Second reading of proposed Regulation 1282: Individual Rent Adjustments for Units in Properties Where No Units Have Received a Vacancy Increase (IRA/AGA/Habitability Committee and Executive Director)

(2) First reading of proposed changes to Regulation 884 (B): To Use an Owner’s Compliance with the City’s Soft Story Ordinance as a Criterion for Discretionary Review of Waiver Requests (Waivers Committee and Executive Director)

(3) Discussion and possible action regarding the option to hold a Special Meeting of the Rent Board in the event that the Board is unable to complete the agenda for the Monday, July 16, 2012 Regular Meeting by 10:30 p.m. (Commissioners Harr, Shelton, Townley and Tregub)

(4) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties (Executive Director)

Ministerial Waivers

Waiver No.      Property Address
4140                1606 Tyler Street
4142                2634 Etna Street
4143                2636 Fulton Street
4144                2531 Ridge Road
4145                1446 Martin Luther King Jr. Way

Discretionary Waivers

Waiver No.      Property Address
4134                1939 Francisco Street (held over from May 21st meeting)

8. Information and Announcements

Please Note: The Board may move Information Items to the Action Calendar.

a. Reports from Board Members/Staff 

(1) Documents related to the 2011-2012 Alameda County Grand Jury report regarding the Berkeley Rent Stabilization Board:

a. June 25, 2012 Press Release and Rent Board Chair’s Preliminary Response to Civil Grand Jury Report (Chair Stephens)

b. Pages 63-74 of the 2011-2012 Alameda County Civil Grand Jury Final Report on the Berkeley Rent Stabilization Board (Chair Stephens)

c. June 28, 2011 letter from the Berkeley Property Owners Association to City Auditor regarding the Berkeley Rent Stabilization Board (Chair Stephens)

d. May 14, 2012 report titled, “Rent Stabilization and Eviction for Good Cause in the 21st Century” (Executive Director)

e. July 12, 2012 e-mail communication from SEIU Local 1021 President Roxanne Sanchez in response to the Grand Jury Report concerning the Berkeley Rent Board (Executive Director)

(2) Updated Commissioner Attendance Records for all Board and Committee Meetings through June 2012 (Executive Director)

(3) Update on RTS database project (Executive Director) – **TO BE DELIVERED**

(4) July 13, 2012 e-mail from property manager William Nasser expressing his gratitude for the valuable service provided by Rent Board staff members Nick Traylor and Moni Law (Executive Director)

(5) July 11, 2012 report titled, “Findings and Recommendations from the April 11, 2012 Seismic Day of Compliance” (Commissioner Tregub)

(6) July 10, 2012 City Council item titled, “Amendment to Soft Story Ordinance” (Executive Director)

(7) Update on Board referral to staff and IRA/AGA/Habitability Committee regarding public speaker on profitability (Executive Director) – Verbal

(8) Market Medians report for the 1st Quarter of 2012 (Executive Director)

(9) June 6, 2012 East Bay Express article titled, “Renting: It’s Not For The Dogs” (Commissioner Harr)

b. Updates and Announcements regarding Committee/Board Meetings

(1) Budget and Personnel

(2) Outreach

a. June 1st minutes

b. June 29th agenda

(3) IRA/AGA and Habitability

(4) Eviction/Section 8/Foreclosure

a.  May 17th minutes

b. June 27th agenda

(5) Safe & Sustainable Housing

(6) Waivers Committee

a. April 20th revised minutes

b. July 11th agenda

(7) Ad Hoc Committee on Smoke-Free Housing

(8) 4 x 4 City Council/RSB Housing Committee

(9) Future Special Meetings

c. Discussion of items for possible placement on future agenda

9. Adjournment 

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Rent Stabilization Board, 2125 Milvia Street, Berkeley, CA 94704
Questions or comments? Email: Phone: (510) 981-7368
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903