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Rent Stabilization Board
Rent Stabilization Board

 Full Agenda Packet (PDF Copy) 

RENT STABILIZATION BOARD
Regular Meeting

 Thursday, June 20, 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

Teleconference location:  3225 Simon Road, Manitowoc, WI 54220  

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 Jay Kelekian, Executive Director and Secretary to the Board, (510) 981-7368. 

Video Archive (2:48)


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. CONSENT ITEMS – 1 min 

a. Approval of the April 18th regular meeting minutes TO BE DISTRIBUTED

b. Approval of the May 16th regular meeting minutes

c. Request that Commissioner Tregub’s absence from portions of the the June 3, 2019 4 x 4 Committee Meeting be considered “excused” with no stipend deduction (Commissioner Tregub & Chair Laverde)

d. Suspension of Collection of Registration Fees pursuant to Rent Board Regulation Section 503(B) for properties held in living trust  (Commissioners Selawsky, Chang & Soto-Vigil)

e. Recommendation that the Board withdraw their support for AB 53

5. SPECIAL ORDER OF BUSINESS: Presentation of honorary resolution and gift to former Commissioner Christina Murphy Distributed at the Meeting

6. SPECIAL ORDER OF BUSINESS: Presentation of Rent Board proclamation to Christine Schwartz Distributed at the Meeting  

7. APPEAL – 8:00 p.m.**  Case No. T-5738 (3050 Stanton Street)
** This appeal will not be heard before 8:00 p.m. but may be heard any time thereafter.

Landlord filed an appeal of a hearing examiner’s decision that determined that the tenants are entitled to a rent reduction to reflect the fact that one of the four purported bedrooms in the unit is prohibited by law from being used for sleeping, resulting in a reduction of the number of occupants and a corresponding reduction of the rent by 25%. Landlord-Appellant argues that Tenant-Respondents should have known the downstairs room was not a legal bedroom and that they should have used other rooms, such as the living room, for sleeping. Landlord-Appellant also claims that he never prevented Tenant-Respondents from obtaining another roommate. However, it is undisputed that the property was marketed and originally rented as a four-bedroom house, and that the tenants were ordered by Landlord-Appellant and the City to cease using the downstairs room for sleeping. The decision should be affirmed.

8. APPEAL – 8:30 p.m.**  Case No. T-5752 (1675 Euclid Avenue #1)
** This appeal will not be heard before 8:30 p.m. but may be heard any time thereafter.

Landlord filed an appeal of a hearing decision that awarded a rent refund of $18,658.65 for various substandard conditions and substantial deterioration of the rental unit and adjusted the rent ceiling lower by 20% based on lack of adequate heat in the unit until that issue is repaired. On appeal, Landlord disputes the factual basis for the hearing examiner’s decision arguing that the conditions identified as inadequate were, in fact, in good repair and that Tenants were otherwise responsible for damaging the unit. Landlord offers no legal support for any of his claims on appeal, nor for reversal or remand of the decision. Furthermore, a review of the record establishes that the hearing examiner’s reductions were consistent with state law, the Rent Ordinance, and Board precedent. Therefore, the decision should be affirmed.

9. ACTION ITEMS

a. From Board Members, Executive Director and Committees

(1) Discussion and possible action concerning the selection and appointment to fill the vacancy on the Rent Board – 10 min.*

a. Recommendations to the Board regarding developing and adopting a process to fill the seat vacated by Christina Murphy (Chair Laverde & Commissioner Selawsky)

b. Memo from the Executive Director and Legal Staff regarding selection and appointment to fill the vacancy on the Rent Board

(2) Recommendation to adopt Resolution 19-13 authorizing the Fiscal Year (FY) 2019-2020 Line-item Budget, Staffing Model and Expenditure Level (Executive Director and Budget & Personnel Committee) – 20 min.*  Distributed at the meeting

(3) Recommendation to adopt Resolutions 19-14 and 19-15 authorizing the Executive Director to modify the contracts with the Eviction Defense Center in an amount not to exceed $150,000, and the East Bay Community Law Center in an amount not to exceed $142,500 for FY 2019-2020 (Executive Director and Budget & Personnel Committee) – 10 min.* 

(4) Recommendation to adopt Resolution 19-16 authorizing the Executive Director to modify the contract with Brian Augusta & Associates for legislative advocacy in FY 2019-2020 in an amount not to exceed $60,000 (Executive Director and Budget & Personnel Committee) – 5 min.* 

(5) Recommendation to adopt Resolution 19-17 authorizing the Executive Director to modify the contract with Berkeley Community Media in an amount not to exceed $22,000 for specified services in FY 2019-2020 (Executive Director and Budget & Personnel Committee) – 5 min.* 

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

Ministerial Waivers
Waiver No.  Property Address
4820            2224   Derby Street

Discretionary Waivers 
Waiver No.  Property Address 
4805            3342 California Street
4806            1330 Martin Luther King Jr. Way
4807            2737 Ashby Place
4808            1708 Franklin Street
4817            3036 Dohr Street
4818            2609 San Pablo Avenue
4819            2423 San Pablo Avenue 

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) Update on the Request for Proposal (RFP) to digitize files and the RFP for new database solution options – Verbal (Executive Director) – 3 min.*

(2) Market Medians report through the 1st Quarter of 2019 (Executive Director) – 3 min.*

(3) Copy of letter to Council conveying the Board’s recommendations regarding Ordinance No. 7,643-N.S. (BMC Section 14.20.120 C.) pertaining to parking of recreational vehicles (RVs) or campers (Executive Director) – 3 min.* Distributed at the Meeting

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

(5) Rent Board’s May 2019 “Tip of the Month” – Security Deposits (Executive Director) – 1 min.*

(6) Rent Board’s June 2019 “Tip of the Month” – Rental Unit Safety (Executive Director) – 1 min.*

(7) May 24, 2018 [sic] TheNation.com article by Jimmy Tobias titled, “Meet the Rising New Housing Movement That Wants to Create Homes for All” (Executive Director) – 1 min.* https://www.thenation.com/article/the-way-home/

(8) May 13, 2019 Berkeleyside.com obituary by Nicola Bourne titled, “Remembering Bill Lutkenhouse: Charming, obstreperous, insightful, kind” (Executive Director) – 1 min.*
https://www.berkeleyside.com/2019/05/13/remembering-bill-lutkenhouse-charming-obstreperous-insightful-kind

(9) May 22, 2019 SFGate.com article by Michelle Robertson titled, “28 affordable rentals just hit the market in Oakland. 4,000 people applied.” (Executive Director) – 1 min.*
https://www.sfgate.com/bayareahousingcrisis/article/redwood-hill-townhomes-oakland-4k-28-units-schaaf-13874753.php

(10) May 25, 2019 Los Angeles Times article by Colleen Shalby titled, “A 102-year-old woman faces eviction so the landlords’ daughter can move in. It’s completely legal” (Executive Director) – 1 min.*
https://www.latimes.com/local/lanow/la-me-woman-evicted-20190523-story.html

(11) June 1, 2019 Times of San Diego.com article by Matt Levin titled, “Rare Victory for Rent Control Shows California Tenants’ Limited Political Power” (Chair Laverde) – 1 min.*
https://timesofsandiego.com/politics/2019/06/01/rare-victory-for-rent-control-shows-california-tenants-limited-political-power/

(12) June 4, 2019 Berkeleyside.com obituary by Alastair Boone titled, “Remembering William Barclay Caldeira – aka ‘300’” (Executive Director) – 1 min.*
https://www.berkeleyside.com/2019/06/04/remembering-william-barclay-caldeira-aka-300

(13) June 6, 2019 Los Angeles Times editorial titled, “Crisis? What crisis? California refuses to protect renters even as homelessness surges” (Chair Laverde) – 1 min.*
https://www.latimes.com/opinion/editorials/la-ed-homeless-crisis-tenant-protections-20190606-story.html

(14) June 11, 2019 The New York Times article by Luis Ferré-Sadurní, Jesse McKinley and Vivian Wang titled, “Landmark Deal Reached on Rent Protections for Tenants in N.Y.” (Executive Director) – 1 min.*
https://www.nytimes.com/2019/06/11/nyregion/rent-protection-regulation.html?action=click&module=Top%20Stories&pgtype=Homepage

(15) June 11, 2019 The Bay City Beacon article by Diego Aguilar-Canabal titled, “California Voters Could Repeal Article 34 Next Year” (Chair Laverde) – 1 min.*
https://www.thebaycitybeacon.com/politics/california-voters-could-repeal-article-next-year/article_8a9ba882-8c64-11e9-a71e-03e9d5dc7c73.html

(16) June 12, 2019 The New York Times article by J. David Goodman, Vivian Wang and Luis Ferré-Sadurní titled, “Titans of Real Estate in ‘Shock’ Over New York Rent Law Deal” (Executive Director) – 1 min.*
https://www.nytimes.com/2019/06/12/nyregion/landlord-rent-protection-regulation.html?action=click&module=Top%20Stories&pgtype=Homepage  


11. COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS

a. Budget and Personnel – 3 min.*

(1) June 11th agenda

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

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

d. IRA, AGA and Registration – 2 min.

e. Outreach – 5 min.*

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

(1) May 21st agenda packet

(2) June 3rd agenda packet

g. Ad Hoc Committee on Technology Issues – 3 min.*

(1) May 23rd agenda 

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

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

j. 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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