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Rent Stabilization Board
Rent Stabilization Board

Special Meeting

Monday, September 24, 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
(2 hrs, 19 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 the August 20, 2012 Regular Meeting minutes

5. Appeal Time Certain – 7:15 p.m.

a. Appeal T-5255 (2137 Emerson Street, #1)

Tenant appeals a hearing examiner decision denying his petition to reduce rent due to decrease in services and various habitability violations. The decision also clarified that the landlord complied with a prior decision from 1998 and that the tenant’s rent ceiling should be adjusted accordingly. On appeal, the tenant submits new evidence not presented at the hearing and argues that the hearing examiner improperly denied his claims that the rent ceiling should be reduced for various reasons. A review of the record establishes that the hearing examiner correctly ruled on the issues in the record. Therefore, the decision should be affirmed.

b. Appeal L-4041 (1481 San Pablo Avenue)

Landlord appeals a hearing examiner decision denying her petition to increase Tenants’ rent by passing through various capital improvements. On appeal, Landlord argues that the hearing examiner mischaracterized her account of the need for roof repairs and that the roof repairs were not reasonably foreseeable when she rented to the current tenants. A review of the record establishes that the hearing examiner correctly denied the capital improvement increases for the roof repair, because it was reasonably foreseeable that the roof would need to be replaced when the tenants moved into the apartment. Therefore, the decision should be affirmed.

6. Action Items

a. From Board Members, Executive Director and Committees

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

Discretionary Waivers

Waiver No.      Property Address
4060                 1615 McGee Avenue
4114                 1104 Euclid Avenue
4141                 2326 – 10th Street
4147*               1522 Woolsey Street
4151*               1306 Cornell Avenue

*Continued from the meeting of September 10, 2012.

7. Information and Announcements

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

a. Reports from Board Members/Staff

(1) September 21, 2012 communication from Rent Board Chair Lisa Stephens to Alameda County Civil Grand Jury Foreman Russell G. Miller with the official response of the Berkeley Rent Stabilization Board to the report and recommendations of the 2011-2012 Alameda County Civil Grand Jury Final Report (Chair Stephens)

(2) June 26, 2012 Council item titled, “New Location for City Council Meetings – Analysis of Alternatives” (Executive Director)

(3) Report from Waivers Committee regarding “Small Landlord School/Workshop” as an alternative in discretionary waivers (Waivers Committee)

(4) Update on the Rent Board’s September 11, 2012 workshop titled, “Owning Rental Property in Berkeley” (Executive Director)

(5) July 25, 2012 Foreclosure Report given to the Eviction/Section 8/Foreclosure Committee (Commissioner Harr)

(6) Updated Committee Assignments List (Chair Stephens)

(7) September 11, 2012 article by Frances Dinkelspiel titled, “Rent Board makes minor changes after critical report” (Executive Director)

b. Updates and Announcements regarding Committee/Board Meetings

(1) Budget and Personnel

a. September 21st agenda

(2) Outreach

a. September 21st agenda

(3) IRA/AGA and Habitability

(4) Eviction/Section 8/Foreclosure

a. July 25th minutes

(5) Safe & Sustainable Housing

(6) Waivers Committee

a. August 14th minutes

b. September 18th agenda

(7) Ad Hoc Committee on Smoke-Free Housing

a. September 21st agenda

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

(9) Future Special Meetings

c. Discussion of items for possible placement on future agenda

8. CLOSED SESSION – The Board will convene in Closed Session pursuant to California Government Code § 54957(b).

: Executive Director

9. Adjournment


This meeting is being held in a wheelchair-accessible location.

To request disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact Aimee Mueller at 981-4932 or 981-6903 (TDD) at least three business days before the meeting date.

Please refrain from wearing scented products to this meeting. 


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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