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Rent Stabilization Board
Rent Stabilization Board

 Full Agenda Packet  (PDF Copy)

Regular Meeting

 Monday, December 18, 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

Video Archive (1:32)


 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 – 1 min.*

a. Approval of the November 20th meeting minutes

b. Recommendation to adopt Resolution 17-26 allowing landlords to use Regulation 1017 to provide temporary, below-market rental housing in Berkeley to disaster victims displaced by the fires in Southern California (Chair Selawsky, Commisioner Tregub & the Executive Director)

5. APPEAL7:30 p.m.**Case No. C-275 (2412 Atherton St. Unit #2) – 45 min.*

    ** This appeal will not be heard before 7:30 p.m. but may be heard any time thereafter.

Landlord filed an appeal of a hearing decision denying his petition for restoration of the 1981 Annual General Adjustment (“AGA”). The hearing decision cites a 1987 decision (RC-3072) certifying the maximum lawful rent for this unit, thus conclusively resolving the applicability of the 1981 AGA. On appeal, Landlord reiterates his belief that the 1981 AGA should be restored, without raising any new legal or factual issues. The hearing examiner's analysis is correct; the Board has already reached a final determination on this issue and is thus bound by the decision in RC-3072. The decision should be affirmed.  


a. From Board Members, Executive Director and Committees  

(1) Recommendation to adopt proposed amendments to Regulation 403 [Rental unit; definition] on first reading (IRA/AGA/Registration Committee) – 10 min.*

(2) Recommendation to adopt proposed amendments to Regulation 1242 [Appeal] on first reading (IRA/AGA/Registration Committee) – 10 min.*

(3) Recommendation that the Board send a letter of support prioritizing housing over parking at the Berkeley Way Project (Commissioners Tregub and Chang) – 5 min.*

(4) Request that the Board ask the 4 x 4 Joint Committee on Housing to investigate the status of the City Council referral titled, “Community Emergency Response Training for multi-unit buildings and emergency cache program tailored to the needs of large multi-unit residential buildings” (Commissioner Townley and Chair Selawsky) – 5 min.*

(5) Recommendation to adopt the proposed Rent Stabilization Board’s Regular Meeting Schedule for 2018 (Executive Director) – 10 min.*

(6) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties (Executive Director) – 10 min.*

      Administrative Waivers

Waiver No.      Property Address 
4657                 2421 Hilgard Avenue

      Ministerial Waivers

Waiver No.      Property Address 
4966                 2112 10th Street

      Discretionary Waivers

Waiver No.     Property Address  
4641                2910 Fulton Street
4670                1898 Alcatraz Avenue   


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

a. Reports from Board Members/Staff  

(1) Update on actions related to recent fire-related State of Emergency declarations and the application of California’s anti-price gouging statute: Penal Code Section 396 (Executive Director) – 2 min.*

(2) Market Medians report through the 2nd Quarter of 2017 (Executive Director) – 2 min.*

(3) Short-Term Rental applications update (Executive Director) – 2 min.*

(4) Update on Rent Board workshops, seminars and/or outreach at community events – Verbal (Executive Director) – 3 min.*

(5) Status of thank you letters to state legislators (Commissioner Tregub) – 2 min.*Distributed a the Meeting  

(6) December 2017 Brief: Impact and Risks to Berkeley’s Housing Stock from Earthquake and Wildfire by Gradiva Couzin (Commissioner Tregub) – 2 min.*

(7) November 20, 2017 Pasadena Now article titled, “Pasadena Tenants Union Takes Responsibility for Rent Control Initiative Petition” (Vice-Chair Laverde) – 1 min.* 

(8) November 21, 2017 DailyCal article by Adriana Buenviaje titled, “Price gouging ban sparks controversy, confusion from Berkeley Rent Stabilization Board” Commissioner Tregub) – 1 min.* 

 (9) November 22, 2017 LA Weekly article by Jason McGahan titled, “Will 2018 Be a Year of Rent-Control Revolt in L.A.?” (Commissioner Chang & Vice-Chair Laverde) – 1 min.* 

(10) November 22, 2017 Mountain View Voice article by Mark Noack titled, “Rent control adversaries under scrutiny” (Vice-Chair Laverde) – 1 min.* 

(11) November 22, 2017 Santa Barbara Independent article by Nick Welsh titled, “Santa Barbara Landlords, Tenants Reach Hard-Fought Compromise” (Vice-Chair Laverde) – 1 min.* 

(12) November 29, 2017 East Bay Express article by Darwin BondGraham titled, “Oakland City Council: Tenant Relocation Assistance Delayed, But Moratorium on Rent Control Loophole Passes” (Commissioner Tregub) – 1 min.* 

(13) December 3, 2017 LA Times article by Andrew Khouri titled, “For tenants on the edge, paying the rent often takes more than half their income” (Vice-Chair Laverde) – 1 min.* 

(14) December 5, 2017 ABC-7 News article by Michael Finney titled, “Oakland families say they’re facing 100% rent increases” (Vice-Chair Laverde) – 1 min.* 

(15) December 6, 2017 Berkeleyside article by Frances Dinkelspiel titled, “Rents are down in Berkeley and Oakland, but still out of reach for many” (Commissioner Tregub) – 1 min.*

(16) December 7, 2017 article by Noah Smith titled, “How Affordable Urban Housing Stays Affordable” (Vice-Chair Laverde) – 1 min.* 

(17) December 7, 2017 article by Dave Schwab titled, “San Diego Tenants United protest in Point Loma for rent control” (Vice-Chair Laverde) – 1 min.* 


a. Budget and Personnel – 2 min.*

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

(1) November 29th agenda

c. Habitable & Sustainable Housing (HASH) – 2 min.*

(1) December 14th agenda

d. IRA, AGA and Registration – 2 min.*

(1) December 7th agenda

e. Outreach – 2 min.*

(1) December 4th meeting – Cancelled

f. 4 x 4 Joint Committee on Housing: City Council/Rent Board – 5 min.*

(1) December 12th agenda packet

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

k. Updates and Announcements regarding future Special Meetings – 2 min.*

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

At this point, the Board will adjourn to reconvene in Closed Session to discuss the item(s) listed below. Upon the Board’s return, the Chair will announce any action(s) taken by the Board during Closed Session.

CLOSED SESSION – The Board will convene in Closed Session for an update on litigation pursuant to California Government Code Section 54956.9(d)(1):

St. Hieronymus Press, INC, a California Corporation, et al. v. City of Berkeley Rent Stabilization Board, et al. (Alameda County Superior Court, Case No. RG 17867768)

Pursuant to California Government Code Section 54957(b)(1), the Board will also discuss:

Title: Executive Director


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