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Rent Stabilization Board
Rent Stabilization Board

 Full Agenda Packet (PDF)

RENT STABILIZATION BOARD
Regular Meeting

 Thursday, February 21, 2019
    7:00 p.m. 

NEW Location:
Berkeley Unified School District Board Room 
1231 Addison Street 
Broadcast Live – KPFB – 89.3 
(N. Berkeley) and BTV Cable Channel 33

 Video Archive (3:00)
(Video is of poor quality in places due to technical difficulties.) 
  


 6:30 p.m.  Prior to the public meeting, the Board will convene in Closed Session. 

CLOSED SESSION – Pursuant to California Government Code Section 54956.9(d)(1), the Board will convene in closed session for an update on litigation:

City of Berkeley Rent Board v. Boyd (Alameda County Superior Court, Case No. RG17866033)


   AGENDA  

 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 – 2 min.*

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

4. SPECIAL ORDER OF BUSINESS

a. Presentation of honorary resolution to former Commissioner Jesse Townley Distributed at the meeting

5. SPECIAL PRESENTATION: State Legislative Report by Brian Augusta & Associates, Rent Board Legislative Advocates

a. Recommendations on two pieces of legislation

(1) AB 53 (Jones-Sawyer) – “Ban the Box” on rental applications

(2) SCA 1 (Allen) – Repealing Article 34 of the California State Constitution, which places barriers to the development and acquisition of low-rent housing prospects

6. SPECIAL PRESENTATION: In honor of Black History Month, Chair Laverde will present a video about former Berkeley resident Byron Rumford, Berkeley’s first African-American Assembly representative and the sponsor of hard-fought and trailblazing legislation in the 1960s banning racial discrimination in housing.

7. CONSENT ITEMS – 1 min.*

a. Approval of the December 17, 2018 regular meeting minutes

b. Recommendation to endorse State Constitutional Amendment 1 (Allen) proposing to repeal Article 34 of the California State Constitution (Commissioner Tregub, Vice-Chair Simon-Weisberg and Chair Laverde)

c. Recommendation to send a letter to Berkeley City Council in support of developing a Fair Chance Ordinance (Outreach Committee)

8. APPEAL – 8:00 p.m.** Case No. RWN-1617 (1970 San Pablo Ave. Unit 4)– 45 min.*

** This appeal will not be heard before 8:00 p.m. but may be heard any time thereafter.

Tenant appeals an administrative decision that found that the subject property is exempt as a cooperative owned and controlled by a majority of the property’s residents. Specifically, the hearing examiner concludes that as a matter of law, a prior unlawful detainer case established this exemption and cannot be overturned by the Board. On appeal, the tenant contends that the Board is not required to follow the Superior Court’s ruling in the unlawful detainer case, and that the non-profit that owns the property is not technically a cooperative.

Legal staff agree with the analysis of the hearing examiner. First, the April 22, 2008 Superior Court ruling must stand; the Board does not have the authority to overturn Superior Court rulings, and the Board must defer to such rulings where they bind the same parties regarding the same dispute arising again. The argument that Crossroads Village Mutual Housing Association is not “technically” a cooperative because it is not a certain type of cooperative under state law is without merit and seeks to distort legal standard for the exemption.

9. ACTION ITEMS

a. From Board Members, Executive Director and Committees

(1) Recommended revisions to the Rent Board agenda production process (Chair Laverde & Executive Director) – 10 min.*

10. INFORMATION, ANNOUNCEMENTS AND NEWS ARTICLES

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

a. Reports from Board Members/Staff

(1) 2019 Committee Assignments List (Chair Laverde) – 2 min.*

(2) Update on the Rent Board Staffing Model – Verbal (Executive Director) – 2 min.*

(3) Market Medians report for the 1st and 2nd quarters of 2018 (Executive Director) – 2 min.*

(4) Commissioner attendance at Board and Committee Meetings through December 2018 (Executive Director) – 1 min.*

(5) Short-term Rental applications update (Executive Director) – 1 min.*

(6) January 14, 2019 letter to Council in support of SB 18 (Skinner), the “Keep Californians Housed Act” (Executive Director) – 1 min.*

(7) January 17, 2019 letter from Chair Laverde to the Executive Board of the Association of Bay Area Governments (ABAG) regarding Authorization to Sign CASA Compact (Chair Laverde) – 2 min.*

(8) February 2, 2019 letter to Senator Skinner in support of SB 18 (Skinner), the “Keep Californians Housed Act” (Chair Laverde) – 1 min.*

(9) Rent Board “Tip of the Month” for January 2019 – Carbon Monoxide (Executive Director) – 1 min.*

(10) Update on recent and upcoming Rent Board outreach events (Executive Director) – 3 min.*

(11) December 27, 2018 East Bay Express article by Darwin BondGraham titled, “From Berkeley’s Streets to Oakland’s Slums” (Commissioner Tregub) – 1 min.*

(12) January 21, 2019 KQED.org Forum (audio) titled, “Major Housing Plan Gets Approval from MTC, Association of Bay Area Governments (Chair Laverde) – 3 min.*

(13) January 23, 2019 KQED.org article by Guy Marzorati titled, “Controversial Bay Area Housing Plan Heads to State Legislature” (Chair Laverde) – 1 min.*

(14) January 30, 2019 East Bay Express article by Clara Hogan titled, “Fixing Oakland’s Death Traps” (Commissioner Tregub) – 1 min.*

(15) February 3, 2019 Los Angeles Times article by Liam Dillon titled, “A dark side to the California dream: How the state Constitution makes affordable housing hard to build” (Chair Laverde) – 1 min.*

(16) February 7, 2019 San Francisco Chronicle article by Kimberly Veklerov titled, “Bay Area housing prices push low-income minorities farther out, study finds” (Commissioner Tregub & Chair Laverde) – 1 min.*

(17) February 13, 2019 East Bay Express article by Meg Shutzer titled, “The Big Blue Eviction” (Commissioner Tregub) – 1 min.*

11. 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.*

j. Ad Hoc Committee on Technology Issues – 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 – 2 min.*

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

12. 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.

COMMUNICATIONS DISCLAIMER:
Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the secretary to the relevant board, commission or committee for further information.

 

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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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