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Rent Stabilization Board
Rent Stabilization Board

 Full Agenda Packet (PDF copy) 

RENT STABILIZATION BOARD
Regular Meeting

 Thursday, May 16, 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 (2:08)


6:45 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:

Berkeley Rental Housing Coalition v. City of Berkeley Rent Stabilization Board (Alameda County Superior Court, Case No. RG19018001)


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 – 2 min.*

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

4. CONSENT ITEMS – 1 min.*

a. Approval of the April 18th regular meeting minutes (Held over to June 20th Meeting)

5. APPEAL – 7:30 p.m.**  Case No. T-5738 (3050 Stanton Street)
** 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 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.

6. ACTION ITEMS

a. From Board Members, Executive Director and Committees

(1) Recommendation that the Rent Board adopt a resolution supporting the California Schools and Local Communities Funding Act of 2020 (Commissioners Tregub, Chang, Murphy and Poblet) – 5 min.*

(2) Recommendation that the Rent Board request that City Council allocate all revenue generated from Berkeley Municipal Code Chapter 9.04 [Tax Rate for Non-Medical Cannabis Businesses] be dedicated specifically for the development of housing units between Area Median Income (AMI) at very-low income to no-income (Commissioner Murphy) – 3 min.*

(3) 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
4811                 2636 Benvenue Ave.

Ministerial Waivers
Waiver No.       Property Address
4781                  2402 Martin Luther King Jr. Way
4795                  910 Indian Rock Ave.
4797                  1412 Kains Ave.
4800                  1232 Ashby Ave.
4802                  1631 Stuart St.
4803                  2737 Forest Ave.
4804                  1104 Euclid Ave.
4812                  2627 California St.
4813                  2435 California St.
4816                  1920 Blake St.

Discretionary Waivers
Waiver No.      Property Address

4761                3001 Dwight Way
4787                1241 Ashby Ave.
4788                836 Channing Way
4790                1721 9th St.

7. INFORMATION, ANNOUNCEMENTS AND NEWS ARTICLES

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

a. Reports from Board Members/Staff

(1) Deputy Director recruitment and update on Rent Board Staffing Model – Verbal (Executive Director) – 3 min.*

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

(3) April 16, 2019 letter to Assembly Member Jones-Sawyer in support of AB 53 (Executive Director) – 1 min.*

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

(5) Department of Housing and Urban Development’s Cityscape: A Journal of Policy Development and Research (Volume 21, Number 1, 2019) article by Dowell Myers and JungHo Park titled, “A Constant Quartile Mismatch Indicator of Changing Rental Affordability in U.S. Metropolitan Areas, 2000 to 2016” (Chair Laverde) – 1 min.* https://www.huduser.gov/portal/periodicals/cityscpe/vol21num1/ch7.pdf 

(6) March 27, 2019 Pasadena Star-News article by Chris Lindahl titled, “’Rent Control on trial’: Court to look at El Monte law’s motives” (Executive Director) – 1 min.*
https://www.pasadenastarnews.com/2019/03/27/rent-control-on-trial-court-to-look-at-el-monte-laws-motives/

(7) April 17, 2019 The Porterville Recorder article by Alexis Espinoza titled, “Housing crisis discussed at Town Hall Monday” (Chair Laverde) – 1 min.*
https://www.recorderonline.com/news/housing-crisis-discussed-at-town-hall-monday/article_b92ddaea-60cb-11e9-9ad8-fffeb0ecf2e6.html

(8) April 29, 2019 SFGate.com article by Amy Graff titled, “Politician and his family reportedly evicted from Silicon Valley home after renting for 9 years” (Executive Director) – 1 min.*
https://www.sfgate.com/bayarea/article/Raul-Peralez-San-Jose-Councilman-evicted-rental-13803706.php

(9) May 3, 2019 San Francisco Chronicle article by Nanette Asimov and Sarah Ravani titled, “UC Berkeley’s plan for new housing, classrooms has professors, city up in arms” (Chair Laverde) – 1 min.*
https://www.sfchronicle.com/bayarea/article/UC-Berkeley-s-plan-for-new-housing-classrooms-13815323.php 

(10) May 6, 2019 SFGate.com article by Bay City News Service titled, “City To Consider Rental Ordinances”
https://www.sfgate.com/news/bayarea/article/City-To-Consider-Rental-Ordinances-13822284.php  

8. COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS

a. Budget and Personnel – 2 min.*

b. Eviction/Section 8/Foreclosure – 5 min.

(1) May 13th agenda

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

d. IRA, AGA and Registration – 2 min.

e. Outreach – 5 min.*

(1) April 4th minutes

(2) May 2nd agenda

f. 4 x 4 Joint Committee on Housing: City Council/Rent Board – 2 min.*

  • Next meeting is scheduled for Tuesday, May 21st at 3:00 p.m. in the Cypress Room (2180 Milvia, 1st Floor)

g. Ad Hoc Committee on Technology Issues – 1 min.*

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.*

9. 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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