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Rent Stabilization Board
Rent Stabilization Board

 Full Agenda Packet (PDF Copy) 


Regular Meeting

 Monday, August 20, 2018

    7:00 p.m. 

Maudelle Shirek Building 
2134 Martin Luther King Jr. Way 
Council Chambers, Second Floor,
Broadcast Live – KPFB – 89.3 
(N. Berkeley) and BTV Cable Channel 33

Video Archive (0:44)


   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.       

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:

Hanley v. City of Berkeley Rent Stabilization Board (RG 18896331)

Pursuant to California Government Code Section 54957(b), the Board will also discuss:

Title: Executive Director



*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 July 16th meeting minutes  

b. Adopt Resolution 18-15 approving the Unrepresented Employee salary adjustments and update to the Unrepresented Employee Manual (Executive Director)

c. Adopt Resolution 18-16 approving the new Memorandum Agreement with SEIU Local 1021 (Maintenance & Clerical Chapter) with a term of June 17, 2018 through June 27, 2020 and authorizing the Executive Director to execute and implement the terms of the agreement (Executive Director) [Additional attachment included in link above only]


a. From Board Members, Executive Director and Committees

(1) Recommendation that the Board adopt Resolution 18-17 supporting Proposition 10, The Affordable Housing Act (Vice-Chair Laverde, Commissioner Simon-Weisberg and Commissioner Chang) – 5 min.*

(2) Recommendation to adopt Resolution 18-18 to extend and modify the contract with the Executive Director (Budget & Personnel Committee) – 10 min.*

(3) Recommendation to invite the Berkeley Housing Authority (BHA) Executive Director to give a presentation to the full Board on the operations of the BHA (Eviction/Section 8/Foreclosure Committee) – 5 min.*

(4) Adopt a resolution to take the steps necessary to fill the vacant Deputy Director position and to temporarily modify the Staffing Model as deemed appropriate to provide assistance until the Deputy Director position is filled (Budget & Personnel Committee and Executive Director) – 10 min.* Distributed on 8/20/18

(5) Authorize the Executive Director to relocate the regularly-scheduled September and October Rent Board meetings to Berkeley City College (Executive Director and Budget & Personnel Committee) – 10 min.*

(6) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties (Executive Director) – 2 min.*

Administrative Waiver

Waiver No.      Property Address
4704                  2821 Grant Street

Ministerial Waivers

Waiver No.      Property Address
4694                 2938 Ellis Street
4705                 520 Arlington Avenue
4718                 1761 Spruce Street
4719                 2473 Prince Street
4720                 1221 Bonita Avenue
4721                 1532 Virginia Street

6. APPEAL – 7:30 p.m.** Case No. IRD-138 (1406 Cornell Avenue) – 45 min.*

** This appeal will not be heard before 7:30 p.m. but may be heard any time thereafter.

Tenant appeals a hearing examiner decision that found that he no longer permanently resided in Berkeley, and therefore the landlord is entitled to a Costa-Hawkins vacancy rent adjustment. The landlord claimed in the petition and at the hearing that the tenant has moved to Israel. The tenant concedes that he has lived in Israel since 2015 and has obtained Israeli citizenship and gotten remarried in Israel. On appeal, the tenant argues that the hearing examiner erred in concluding that his time abroad demonstrates that he no longer resides in Berkeley. In particular he takes issue with the examiner’s findings that obtaining citizenship in another country tends to indicate permanent residence in that country, that the tenant has opened a new practice in Israel and no longer depends upon his Berkeley practice, and that the subletting arrangement entered into by the tenant does not provide him with a right to return to the unit.

A review of the record establishes that substantial evidence exists to suggest that the tenant no longer permanently resides in the subject unit. The tenant’s stated intention to return at some unspecified date in the future notwithstanding, the current occupants of the unit have the right to remain there indefinitely. The tenant’s decision to move to Israel, which was publicized in a newspaper article and further documented by his decision to open an acupuncture practice in Israel and get married in Israel, are all strong evidence that he will not be returning to live in the unit in the foreseeable future. For this reason, legal staff recommends that the decision of the hearing examiner be upheld.


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

a. Reports from Board Members/Staff

(1) Update on Board’s recommendation to City Council regarding proposed amendments to the Rent Stabilization Ordinance (Executive Director) – 5 min.*

(2) July 10, 2018 Memo from Board Chair Selawsky to Members of the City Council regarding proposed Rent Stabilization Ordinance amendments (Chair Selawsky & Executive Director) – 3 min.*

(3) Online Registration update – Verbal (Executive Director) – 3 min.*

(4) Short-term Rental applications update (Executive Director) – 2 min.*

(5) Rent Board “Tip of the Month” for August 2018 – Move-In Checklist (Executive Director) – 1 min.*

(6) City Council Ordinance No. 7,622-N.S. amending the Berkeley Municipal Code (BMC) to specify that vacancy after a given period is a condition of unlawful nuisance (Executive Director) – 2 min.*

(7) August 3, 2018 Forbes.com article by Erik Sherman titled, “Additional Building Won’t Make City Housing More Affordable, Says Fed Study" (Executive Director) – 1 min.*

(8) August 6, 2018 The Washington Post article by Jeff Stein titled, “In expensive cities, rents fall for the rich – but rise for the poor"(Executive Director) – 1 min.*

(9) August 14, 2018 San Francisco Public Press article by Noah Arroyo titled, “Remaking Rent Control – if Voters Approve” (Executive Director) – 1 min.*  


a. Budget and Personnel – 2 min.*

(1) August 16th agenda  

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

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

(1) August 23rd agenda

d. IRA, AGA and Registration – 2 min.

e. Outreach – 3 min.*

f. 4 x 4 Joint Committee on Housing: City Council/Rent Board – 1 min.*

g. 4 x 4 Ad Hoc Committee on Safety, Occupancy and Affordability of Converted Artist Warehouses and Workspaces – 1 min.*

h. Ad Hoc Committee on the Effects of Costa-Hawkins – 1 min.*

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

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

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

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



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