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Rent Stabilization Board
Rent Stabilization Board

Full Agenda Packet (PDF Copy)

RENT STABILIZATION BOARD
Regular Meeting

 Monday, September 17, 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 (1:14) 

 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.       


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 (Case # RG18896331)

Pursuant to California Government Code Section 54956.8, the Board will also discuss:

UPDATE FROM REAL PROPERTY NEGOTIATOR 
Renewal of Lease at 2125 Milvia Street


*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 August 20th meeting minutes

b. Request to reimburse Commissioner Chang’s stipend deduction for his absence from the August 16th Budget and Personnel Committee meeting (Commissioner Change and Commissioner Murphy)

5. ACTION ITEMS

a. From Board Members, Executive Director and Committees

(1)Recommendation to adopt proposed amendments to Regulation 608 [Emergency Regulations and Orders of Repeal] on first reading (IRA/GA/Habitability Committee and Executive Director) – 5 min.*

(2) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties (Executive Director) – 15 min.*

Ministerial Waivers

Waiver No.           Property Address
4736                     2206 Martin Luther King Jr. Way

Discretionary Waivers     

Waiver No.           Property Address
4693                     2124 Acton Street
4700                     2331 8th Street  
4706                    1618 Alcatraz Avenue
4708                     2709 Dwight Way
4709                     2321 Blake Street
4710                    1810 Euclid Avenue
4722                     2713 Grant Street
4724                     1534 Julia Street
4725                     2710 Ashy Avenue

6. APPEAL – 7:30 p.m.**Case No. RWN-1608 (472 Kentucky Ave.) – 40 min.*

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

Landlord appeals a hearing examiner decision that found that the subject property is not an owner-occupied duplex and should be registered with the Rent Board accordingly. On appeal, the landlord disputes the hearing examiner’s factual findings, and submits new evidence pertaining to the time period after the closure of the record. A review of the record establishes that the hearing examiner carefully considered the relative weight of the evidence presented, and that decisions regarding the credibility of certain evidence were reached through careful analysis of the entire body of evidence. The Board's practice is to defer to the hearing examiner on decisions regarding the relative weight of evidence and questions of credibility. The landlord’s contention that she considers the subject property to be her residence does not establish that she actually resides in the subject property and not in one of the other residential properties she owns, such as the house in Santa Cruz where her husband and children live, or the rear cottage of her property in Albany where she had previously been receiving rent from her Berkeley tenants. Testimony and evidence from tenants and former tenants consistently established that the landlord did not spend significant periods of time residing in the Kentucky Ave property in Berkeley, and that the unit she claims to have occupied was rented and/or occupied by Hamed Zarrinkamari and Maryam Nia during the relevant time period. Legal staff recommends that the hearing examiner’s decision be upheld.

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 Staffing Model – Verbal (Executive Director) – 2 min.*

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

(3) September 11, 2018 memo from City Attorney Farimah Brown regarding Campaigning in City Facilities (Executive Director)– 2 min.* 

(4) Update on recent Rent Board outreach events (Executive Director) – 2 min.*

(5) Update on location of October Rent Board meeting – Verbal (Executive Director) – 2 min.*

(6) Rent Board “Tip of the Month” for September 2018 – Rent Board Services (Executive Director) – 1 min.*

(7) September 5, 2018 The New York Times article by Mihir Zaveri titled,“Laws Punishing Homeless People for Sleeping in Public Are Cruel and Unusual, Court Rules” and related U.S. Ninth Circuit Court of Appeals Opinion (Commissioner Murphy) – 3 min.*  

(8) August 21, 2018 The New York Times article by Emily Badger titled, “The Bipartisan Cry of ‘Not in My Backyard’” (Executive Director) – 1 min.*

9) August 24, 2018 SFGate.com article by Bay City News Service titled, “SF realtor, Novato property owner charges (sic) with price gouging during North Bay wildfires” (Executive Director) – 1 min.* 

(10) August 29, 2018 Curbed San Francisco article by Adam Brinklow titled, “Bay Area’s highest rents, mapped” (Executive Director) – 1 min.*

(11) August 31, 2018 Santa Cruz Sentinel article by Jessica A. York titled, “What would Santa Cruz’s Measure M rent board look like, compared to others?” (Executive Director) – 1 min.*   

8. COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS  

a. Budget and Personnel – 2 min.*

b. Eviction/Section 8/Foreclosure – 4 min.

(1) August 27th agenda

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

d. IRA, AGA and Registration – 4 min.

(1) September 12th agenda

e. Outreach – 4 min.*

(1) September 17th agenda

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.*

9. ADJOURNMENT

 


 

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Rent Stabilization Board, 2125 Milvia Street, Berkeley, CA 94704
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