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Rent Stabilization Board
Rent Stabilization Board
 

RENT STABILIZATION BOARD
Regular Meeting
Thursday, October 15, 2020
7:00 p.m. 

   

PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, this meeting of the City of Berkeley Rent Stabilization Board (Rent Board) will be conducted exclusively through teleconference and Zoom videoconference. Please be advised that pursuant to the Executive Order and the Shelter-in-Place Order, and to ensure the health and safety of the public by limiting human contact that could spread the COVID-19 virus, there will not be a physical meeting location available.

To access this meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device by clicking on this URL: https://zoom.us/j/97108210970?pwd=Yk5sdDJ1aUE2Z21Fcy9SWGY4REcxZz09.  If you do not wish for your name to appear on the screen, then use the drop-down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “Raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-408-638-0968 and enter Meeting ID: 971 0821 0970 and Passcode: 270246. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit an e-mail comment to be read aloud during public comment, email amueller@cityofberkeley.info with the Subject Line in this format: “PUBLIC COMMENT ITEM #3.” Please observe a 150 word limit. Time limits on public comments will apply. Written comments will be entered into the public record. Email comments must be submitted to the email address above by 5:00 p.m. on the day of the meeting in order to be included

Please be mindful that this meeting will be recorded, and all other rules of procedure and decorum will apply for Rent Board meetings conducted by teleconference or videoconference.

This meeting will be conducted in accordance with Government Code Section 54953, 54956, and all current state and local requirements allowing public participation in meetings of legislative bodies. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Matt Brown, Acting Executive Director, at (510) 981-7368. The Rent Board may take action related to any subject listed on the Agenda. 


Full Agenda Packet (PDF Copy)   

RENT STABILIZATION BOARD
Regular Meeting
Thursday, October 15, 2020  
7:00 p.m.
 

Zoom Video Archive (2:56)


 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 – 1 min.*

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

4. CONSENT ITEMS – 1 min.*

a. Approval of the September 17th regular meeting minutes

5. APPEAL -  7:30 p.m.** Case No. RWN-160 / T-5823 (1659 Arch Street)
** This appeal will not be heard before 7:30 p.m. but may be heard any time thereafter.

Resident Smith-Truss appeals a hearing examiner decision on remand that found that a landlord-tenant relationship had not been established between the parties. As a result, the subject residential unit does not fall within the scope of the Rent Ordinance, so the unit is not required to be registered and the Board is without jurisdiction to adjudicate the tenant’s rent ceiling reduction claims. Mr. Smith-Truss claims that he and Property Owner Koelker had a verbal agreement that he would pay rent in the form of services provided for her benefit that included helping with her son; property management; caring for the yard, plants, and trees; protecting the property from break-ins and squatters; and paying utilities for the subject property and another property Ms. Koelker lived in in Berkeley. Ms. Koelker asserts that she never asked for or collected any rent from Mr. Smith-Truss and that she agreed to temporarily let him stay in the subject unit until he got back on his feet.

Any new evidence included by Resident in his appeal or Property Owner in her response that was not already in the record cannot be considered and will not be addressed in this recommendation.

There is substantial evidence to support the hearing examiner’s decision that a landlord-tenant relationship could not be established between the parties. For this reason, legal staff recommend that the decision of the hearing examiner be affirmed.

6. ACTION ITEMS

a. From Board Members, Committees, and Executive Director

(1) Recommendation to adopt Resolution 20-19 confirming the 2021 Annual General Adjustment (AGA) of 1.0% and order that the 2021 AGA be published as Regulation 1143 (IRA/AGA/Registration Committee & Acting Executive Director) – 5 min.*

(2) Recommendation that the Board adopt Resolution 20-20 to publish that the relocation assistance payments set forth in Berkeley Municipal Code sections 13.76.130.A.9.g. (Owner Move-In) and 13.77.055.A (Ellis Act) shall increase by 1.6% effective January 1, 2021 (IRA/AGA/Registration Committee & Acting Executive Director) – 5 min.* 

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

Administrative Waivers
Waiver No.      Property Address
4927                 2223 Ward Street 

Ministerial Waivers
Waiver No.      Property Address
4926                840 Delaware Street

Discretionary Waivers
Waiver No.     Property Address
4924               1326 Oxford Street

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) Update on the annual registration process and amnesty program to forgive penalties for COVID-related non-payment of registration fees (Acting Executive Director) – 5 min.*

(2) Market Medians report updated through June 2020 (Acting Executive Director) – 3 min.*

(3) Update on recent Rent Board outreach events (Acting Executive Director) – 5 min.*

a. Rent Board infographics: Rent Board Services, COVID-19 & Landlord Entry, and COVID-19: Tenant Relief Act & Berkeley’s Eviction Moratorium  

b. Sept. 9th Tenant 101 Webinar

c. Sept. 30th Landlord 101 Webinar

d. October 14th @ 10:30 a.m. – Security Deposits Webinar

e. October 21st @ 10:30 a.m. – Rental Housing & COVID-19 Webinar

f. Virtual Cal Counseling – 1st and 3rd Thursdays of the month (excluding holidays)

(4) September 28, 2020 Berkeleyside article by John Metcalfe titled, “’I’ve never had a month like this; this is the worst I’ve seen.’ Berkeley businesses struggle with few Cal students around” (Chair Laverde) – 1 min.*
https://www.berkeleyside.com/2020/09/28/with-most-cal-classes-online-berkeley- ca-feels-like-a-ghost-town-businesses-struggling

8. COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS

a. Budget and Personnel – 3 min.*

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

(1) October 6th agenda

c. Habitable & Sustainable Housing (HASH) – 3 min.*

d. IRA, AGA and Registration – 5 min.*

(1) October 13th agenda

e. Outreach – 5 min.*

(1) October 7th agenda

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

(1) September 23rd agenda packet 

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

h. Updates and Announcements regarding future Special Meetings – 3 min.*

i. Discussion of items for possible placement on future agenda – 3 min.*

9. CLOSED SESSION:

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

NCR Properties, LLC v. City of Berkeley Rent Stabilization Board (Alameda County Superior Court Case #RG19024268) 

10. ADJOURNMENT

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 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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