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Rent Stabilization Board
Rent Stabilization Board

Full Agenda (PDF Copy)  

Regular Meeting

 Monday, April 24, 2017
      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

Teleconference Location: 15 Kabanbai Batyr Avenue, Astana, 010010, Kazakhstan

This meeting will be conducted in accordance with the Brown Act, CA Government Code Section 54953(b)(2), and Teleconferencing. Any member of the public may attend this meeting at either location. Questions regarding this matter may be addressed to Aimee Mueller, Secretary to the Board, at (510) 981-4932.

  Video Archive (0:43) 


 Many of the links below lead to PDF files that require Adobe Acrobat Reader to be installed on your computer. 
You can download Acrobat Reader for free.   

* Times allotted for each item are approximate and may be changed at the Board’s discretion during the course of this meeting.  

1. Roll call – 1 min.*

2. Approval of Agenda – 1 min.*

3. Public Forum – 3 min. allotted per speaker*

4. CONSENT ITEMS – 2 min.*

a. Approval of the March 20th Regular Meeting minutes  

b. Recommendation that the Board repeal Regulation 509 [Definition of New Construction for Legal Rental Units] and adopt Regulation 510 [Definition of New Construction for Units That Lack a Certificate of Occupancy] – Second reading (IRA/AGA/Registration Committee)

c. Recommendation that the Board adopt Regulation 520 [Exemptions for Fraternities and Sororities] – Second reading (IRA/AGA/Registration Committee)

d. Recommendation that the Board adopt Regulation 808 [Registration Fee for Seasonal Rentals in Fraternities and Sororities] – Second reading (IRA/AGA/Registration Committee)

 e. Recommendation that the Board adopt Regulation 1383 [Owner Move-In and Ellis Act Relocation Assistance Disputes - B.M.C. §§ 13.76.130A.9 and 13.77.055] – Second reading (IRA/AGA/Registration Committee)

5. APPEAL – 8:30 p.m.** Case No. L-4222 (1902 Virginia Street)– 30 min.*

 ** This appeal will not be heard before 8:30 p.m. but may be heard any time thereafter. 

The hearing examiner denied a Regulation 1267 capital improvements rent adjustment for seismic retrofit and structural work performed at the premises. Although the work qualified for a capital improvements rent adjustment, the landlord’s recent vacancy rent increases completely offset the cost of the work. The landlords appeal the decision; claiming that the decision is unjust. This claim is does not constitute facts or argument in support of the appeal. Furthermore, upon review of the record, the hearing examiner’s calculations are correct. Therefore, staff recommends that the decision be affirmed.


 a. From Board Members, Executive Director and Committees

(1) Resolution 17-02 to be presented to Jacquelyn Morgan for her years of service to the Berkeley Rent Stabilization Program – 10 min.*

(2) Budget update and recommendation to adopt Resolution 17-03 increasing the maximum expenditure level for the 2017-2018 fiscal year (Budget & Personnel Committee and the Executive Director) – 15 min.* Distributed at the Meeting

(3) Recommendation to update the Rent Stabilization Program Fee Schedule by amending Resolution 03-24 and to set the fee for determining eligibility for short-term rentals (Executive Director) – 10 min.*


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

a. Reports from Board Members/Staff

(1) Update on Short-Term Rental Ordinance Implementation Timeline (Executive Director) – 2 min.*

(2) Market Medians Report through the Fourth Quarter of 2016 (Executive Director) – 2 min.*

(3) Report agendized for the February 27 – March 24, 2017 session of the United Nations’ Human Rights Council titled, “Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context” (Executive Director) – 2 min.*

(4) March 20, 2017 memo regarding the Rent Board’s Commissioner E-mail Policy (Commissioner Soto-Vigil) – 2 min.*

(5) Report from California State Representatives Denny Heck, Juan Vargas and Stephanie Murphy on the New Dem Housing Task Force (Commissioner Tregub) – 2 min.*

(6) March 9, 2017 e-mail communication from Julie Ashworth, a long-term Berkeley tenant, regarding the adverse impact of Airbnb on her housing situation (Executive Director) – 2 min.*

(7) March 22, 2017 communication from Jonathan Weldon to Berkeley City Attorney questioning the legality of Ellis Act relocation fees (Executive Director) – 2 min.*

(8) March 29, 2017 Fortune.com article by Annalyn Kurtz titled, “Black and Hispanic Communities Are Spending Almost Half Their Incomes on Rent” (Executive Director) – 1 min.*

(9) April 5, 2017 article from The Atlantic CityLab by Kriston Capps titled, “In California, Landlords Threaten Immigrant Tenants with Deportations” (Executive Director) – 1 min.*


a. Budget and Personnel – 4 min.*

(1) April 4th agenda  

(2) April 17th agenda

(3) April 25th agenda

b. Eviction/Section 8/Foreclosure – 2 min.*

(1) April 13th agenda

(2) April 26th agenda

c. Habitable & Sustainable Housing (HASH) – 1 min.*

d. IRA, AGA and Registration – 1 min.*

e. Outreach – 4 min.*

(1) February 24th minutes  

(2) April 7th agenda  

f. 4 x 4 Joint Committee on Housing: City Council/Rent Board – 1 min.*

g. 4 x 4 Ad Hoc Committee on Safety, Occupancy and Affordability of Converted Artist Warehouses and Workspaces – 1 min.*

h. Ad Hoc Committee on the Effects of Costa-Hawkins – 1 min.*

i. Ad Hoc Committee on Technology Issues – 1 min.*

j. Ad Hoc Replacement Committee to Fill Board Vacancy – 1 min.*

k. 2 x 2 x 2 Committee on Housing: Council / Rent Board / BUSD – 1 min.*

l. Updates and Announcements regarding future Special Meetings – 1 min.*
The next Special Meeting of the Rent Board will take place on Monday, May 1st at 7:00 p.m.

m. Discussion of items for possible placement on future agenda – 2 min.*



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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