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Rent Stabilization Board
Rent Stabilization Board

 Full Agenda Packet (PDF) 

RENT STABILIZATION BOARD
Regular Meeting

 Thursday, March 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

Teleconference location: 2025 Werner Avenue NE, Cedar Rapids, IA 52402

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 (2:35) 
   


 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:

Marowitz v. City of Berkeley Rent Stabilization Board (U.S. District Court for the Northern District of California, Case No. 3:18-cv-06605-CRB)


   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 PRESENTATION: Chair Laverde will present a video about former Berkeley resident William 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. (In honor of Black History Month, this video was agendized for the February 21st meeting, but technical difficulties prevented the presentation at that meeting.)

5. CONSENT ITEMS – 1 min.*

a. Approval of the February 21st regular meeting minutes

b. Recommendation to adopt Resolution 19-02 authorizing the buyout of 200 hours of the Executive Director’s vacation leave balance pursuant to Section 3.(f) of his contract (Budget & Personnel Committee)


6. APPEAL8:00 p.m.**  Case No. E-91 (2401 Warring Street, Units B and C)
** This appeal will not be heard before 8:00 p.m. but may be heard any time thereafter.

Landlords filed an appeal of a hearing decision denying exemption of two units that were created out of pre-existing residential space. On appeal, Landlord argues that the issuance of a Certificate of Occupancy triggered by the conversion of a large single-family residence to a triplex guarantees exemption from the Rent Ordinance under state law. Landlord claims that the Board has no jurisdiction to interpret the applicability of the new construction exemption, that that the legal authority relied upon by the hearing examiner is inapplicable to the facts of this case, and that the decision has impermissible retroactive effect. These arguments misconstrue the law and the legal effect of Board action. The hearing examiner correctly determined that the subject units are not exempt from the Rent Ordinance. Therefore, the Board should affirm the decision.


7. ACTION ITEMS

a. From Board Members, Executive Director and Committees

(1) Recommendation to authorize the Executive Director to amend the contract with Software AG to extend the term through December 31, 2019 and increase by an amount not to exceed $100,000 (Budget & Personnel Committee and Executive Director) – 5 min.*

(2) Recommendation to authorize the Executive Director to amend the contract with TransSight, LLC to extend the term through December 31, 2019 and increase by an amount not to exceed $100,000 (Budget & Personnel Committee and Executive Director) – 5 min.*

(3) Recommended revisions to the Rent Board agenda production process Distributed at the meeting (Chair Laverde & Executive Director) – 15 min.*

(4) Recommendation that the Board support SB 329 (Mitchell) to prohibit discrimination based upon housing vouchers or other assistance paid directly to landlord and support AB 1399 (Bloom) amending the Ellis Act (Executive Director) – 5 min.*

(5) Recommendation to change the membership of the 4x4 Joint Committee on Housing (Commissioners Selawsky & Soto-Vigil) – 10 min.*

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

Administrative Waivers 
Waiver No.     Property Address
4776                2411 6th Street
4783                2918 Stanton Street

Ministerial Waivers
Waiver No.     Property Address
4778                1724 La Vereda Road
4780                1934 Stuart Street
4785                2311 Roosevelt Avenue
4786                1535 Julia Street
4794                2331 Sacramento Street
4796                1434 Milvia Street

Discretionary Waivers
Waiver No.     Property Address
4754                2133 Parker Street (carried over from December 2018 meeting)
4777                1458 Bancroft Way
4779                1930 Bonita Avenue
4793                2310 Bowditch Street


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) Reminder: Annual Form 700 filing deadline is April 1st – Verbal (Executive Director) – 1 min.*

(2) Mid-year Budget Update (Executive Director) – 5 min.*

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

(4) Legislative update (Executive Director) – 5 min.*

(5) Market Medians report for the 3rd and 4th quarters of 2018 (Executive Director) – 2 min.*
 
(6) Owner Move-in Eviction Tracking Report (July 2015 – June 2018) (Eviction/Section 8/Foreclosure Committee) – 2 min.*

(7) Short-term Rental applications report (Executive Director) – 1 min.*

(8) Copy of report to City Council dated March 12, 2019 on implementation of Council’s funding of additional anti-displacement related services (Executive Director) – 3 min.*

(9) Copy of March 12, 2019 letter to Council regarding Establishing a Berkeley Fair Chance Ordinance (Chair Laverde) – 2 min.*

(10) Copy of the February 22, 2019 letter sent to Berkeley tenants with their Apparent Lawful Rent Ceiling (ALRC) notices (Executive Director) – 1 min.*

(11) Copy of the March 1, 2019 letter sent to Berkeley property owners with their Apparent Lawful Rent Ceiling (ALRC) notices (Executive Director) – 1 min.*

(12) Rent Board’s February 2019 “Tip of the Month”Fair Housing (Executive Director) – 1 min.*

(13) Rent Board’s March 2019 “Tip of the Month”Checklist for New Tenants (Executive Director) – 1 min.*

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

(15) February 8, 2019 letter from the Sierra Club to the Metropolitan Transportation Commission regarding the 2021 Regional Transportation Plan and its Sustainable Communities Strategy (Commissioner Tregub) – 1 min.*

(16) March 4, 2019 Metropolitan Transportation Commission response to the Sierra Club’s comments on the 2021 Regional Transportation Plan/Sustainable Communities Strategy (Plan Bay Area 2050) (Commissioner Tregub) – 1 min.*

(17) January/February 2019 Dollars & Sense article by Stephen Barton, Ph.D. titled, “The Economics of Residential Rent Control” (Chair Laverde) – 1 min.*

(18) January 16, 2019 Willamette Week article by Rachel Monahan titled, “Everything You Need to Know About a Rent Control Bill That Oregon’s Power Brokers in Salem Have Lined Up Behind” (Executive Director) – 1 min.*

(19) January 30, 2019 HuffingtonPost.com article by Laura Paddison titled, “How Finland Solved Homelessness” (Executive Director) – 1 min.*

(20) February 2019 Urban Institute Catalyst Brief by Margery Austin Turner, Solomon Greene, Corianne Payton Scally, et al. titled, “What would it take to ensure quality, affordable housing for all in communities of opportunity?” (Chair Laverde) – 1 min.*
 
(21) February 24, 2019 DailyCal.org article by Vanessa Arredondo titled, “California legislators propose bill package to address state housing crisis” (Chair Laverde) – 1 min.*

(22) February 28, 2019 DailyCal article by Grace Newsom titled, “Berkeley’s housing empire built on fraud and sexual slavery” (Chair Laverde) – 1 min.*

(23) February 28, 2019 article in The Washington Post by Troy McMullen titled, “The ‘heartbreaking’ decrease in black homeownership” (Executive Director) – 1 min.*

(24) February 28, 2019 press release from Virginia Governor Ralph S. Northam’s office titled, “Governor Northam Signs Legislation to Reduce Eviction Rates in Virginia” (Vice-Chair Simon-Weisberg) – 1 min.* 

(25) March 1, 2019 Los Angeles Times op-ed by The Times Editorial Board titled, “Oregon is charting a new path on rent control. Will California and other states follow?” (Executive Director) – 1 min.* 

(26) March 5, 2019 East Bay Citizen article by Steven Tavares titled, “San Leandro mobile home ordinance put on hold; park owners offer moratorium on rent increases” (Commissioner Tregub) – 1 min.* 

(27) March 6, 2019 East Bay Citizen article by Steven Tavares titled, “Hayward unanimously approves emergency just-cause ordinance” (Commissioner Tregub) – 1 min.*

(28) March 7, 2019 San Francisco Chronicle article by Rachel Swan titled, “New agency would raise public dollars to build thousands of housing units in the Bay Area” (Commissioner Tregub) – 1 min.*
 
(29) March 8, 2019 San Francisco Chronicle article by Rachel Swan titled, “Here’s what you need to know about the controversial Bay Area housing plan” (Commissioner Tregub) – 1 min.* 


9. COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS

a. Budget and Personnel – 5 min.*

(1) March 12th agenda

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

c. Habitable & Sustainable Housing (HASH) – 5 min.*

(1) March 5th agenda

d. IRA, AGA and Registration – 5 min.

(1) March 14th agenda

e. Outreach – 5 min.*

(1) March 7th agenda

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

(1) March 4th agenda packet

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.*

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.

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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