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Rent Stabilization Board
Rent Stabilization Board

 Full Agenda (PDF Copy)

RENT STABILIZATION BOARD
Regular Meeting and Public Hearing
on Proposed Increases to the Rent Stabilization Program Fee Schedule

 Monday, June 19, 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 (3:51) 

AGENDA


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 *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.*
c. Recommendation to disband the Ad Hoc Committee to Fill the Board Vacancy – Verbal
a. Public testimony on the Proposed Increases to the Rent Stabilization Program Fee Schedule
b. Comments from the Board, Executive Director and/or staff
6. ACTION ITEMS
a. From Board Members, Executive Director and Committees
7. APPEAL – 8:30 p.m.** Case No. C-274 / IRD-109 / T-5578 (1359 Hearst Avenue, Apt 3) – 30 min.*
 
** This appeal will not be heard before 8:30 p.m. but may be heard any time thereafter.
Tenant Jordan Turner appeals a hearing examiner decision that denied his petition for determination of Landlord Gayle Tapscott’s eligibility to set an initial rent on the subject unit. The petition alleged that the occupant preceding Mr. Turner took possession via owner move-in, and that therefore the rent ceiling that had been in effect prior to the owner move-in should remain in effect. Ms. Tapscott alleged that the unit had already been rented to a different tenant for roughly four months prior to Mr. Turner’s tenancy. The hearing examiner found that Mr. Turner had failed to meet his burden of proving that the preceding tenancy was a sham. Therefore, Ms. Tapscott was entitled to set an initial rent at the inception of Mr. Turner’s tenancy.

The hearing examiner made a legal determination that although Mr. Turner had established that the landlord evicted the most recent long-term tenant for purposes of owner move-in, and that the qualifying relative who moved in had since moved out, Mr. Turner also bore the burden of disproving Ms. Tapscott’s claim that the unit was briefly rented to her cousin and she could therefore set a new initial rent.

However, legal staff’s review of the record reveals that in addition to establishing the elements of his own claim that the rent ceiling should be restored, Mr. Turner provided strong evidence that the alleged tenancy of the cousin was a sham, thereby shifting the burden of proof to Ms. Tapscott, who completely failed to establish that her cousin actually rented the property. Therefore, legal staff recommends that the hearing examiner’s decision be overturned, and the 2011 rent ceiling be restored, with applicable annual general adjustments.
8. INFORMATION, ANNOUNCEMENTS AND NEWS ARTICLES
Please Note: The Board may move Information Items to the Action Calendar.  
a. Reports from Board Members/Staff
(1) Quarterly update on legislation and/or new rent control or eviction protections in other cities, if any (Executive Director) – 2 min.*
(2) Market Medians report through the 1st Quarter of 2017 (Executive Director) – 2 min.*
(3) March 20, 2017 memo regarding the Rent Board’s Commissioner E-mail Policy (Commissioner Soto-Vigil) – 2 min.* Held over from the March 20th and April 24th meetings
(6) May 16, 2017 Berkeleyside.com article by Frances Dinkelspiel titled, “Prominent tenants’ rights activist appointed to Berkeley Rent Board” (Executive Director) – 1 min.
(7) May 18, 2017 DailyCal.org article by Audrey McNamara titled, “Commencement weekend leads to spike in Airbnb use, press release says” (Commissioner Tregub)

(8) May 25, 2017 Berkeleyside.com article by Jim Emerson titled, “Berkeley sees an increase in ‘owner move-in’ evictions by landlords” (Commissioner Tregub) – 1 min.
(9) June 14, 2017 DailyCal.org article by Bobby Lee titled, “Mayor Arreguín’s proposed budget addresses homelessness, affordable housing, city initiatives” (Executive Director) – 1 min.
9. COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS
a. Budget and Personnel – 2 min.*
b. Eviction/Section 8/Foreclosure – 2 min.*
c. Habitable & Sustainable Housing (HASH) – 2 min.*
d. IRA, AGA and Registration – 2 min.*
e. Outreach – 2 min.*
 
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 – 2 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.*
m. Discussion of items for possible placement on future agenda – 2 min.*
10. ADJOURNMENT
 

 COMMUNICATION ACCESS INFORMATION:  

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: rent@cityofberkeley.info Phone: (510) 981-7368
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903
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