RENT STABILIZATION BOARD
Thursday, February 15, 2007
2134 Martin Luther King Jr. Way
City Council Chambers
Broadcast Live - KPFB - 89.3 (N. Berkeley)
BTV Cable Channel 33
- Corrected -
1. Roll Call - 6:30 p.m. Closed Session 7:00 p.m. Regular Meeting
2. Closed Session - 6:30 p.m.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code)
Zaidi v. City of Berkeley Rent Stabilization Board (McGuinness) Superior Court No. 841319-8
Ong v. City of Berkeley Rent Stabilization Board (Darksmith) Superior Court No. 2002-072014
Valiyee v. City of Berkeley Rent Stabilization Board Superior Court No. 2002-070999
Hanerfeld v. City of Berkeley Rent Stabilization Board (Ziaeian) Superior Court No. RG03106423
Flynn v. City of Berkeley Rent Stabilization Board Superior Court No. RG03115504, Court of Appeal No. A106834
Fuery v. City of Berkeley Rent Stabilization Board (Wang, Stevens) Superior Court No. RG05199714
Fuery v. City of Berkeley, City of Berkeley Rent Stabilization Board Superior Court No. RG05243600
Nemarian v. Nicoletti Superior Court No. BG 05204709
Wahl v. City of Berkeley Rent Stabilization Board (Smoker) Superior Court No. RG 06279232
Patricelli v. City of Berkeley Rent Stabilization Board (Elkhoraibi) Superior Court No. RG 06294109
3. Approval of Agenda
4. Public Forum
5. Approval of January 18, 2007 regular meeting minutes .
6. Report by Housing Director Steve Barton on the current status of Section 8. [PDF file, requires Adobe Acrobat Reader]
7. Appeal Time Certain - 7:15 p.m.
a. Appeal T-4733/RWN-1438 - 1929 Ashby Avenue. (Continued from January 18, 2007 meeting) The tenant appeals the hearing examiner's denial of her petition seeking rent reductions for alleged habitability violations at her unit. Inasmuch as the hearing examiner's denial of the petition is consistent with the evidence in the record, legal staff recommends that the Board deny the appeal and affirm the hearing examiner's decision.
b. Appeal T-4755/C-254 - 1455 Spruce Street, #1. (Continued from January 18, 2007 meeting) This is a tenant appeal of a finding that a rent reduction agreed to by the landlord after an unexpected change in the tenant's finances did not change the initial rent established by the parties at the commencement of the tenancy. The tenant was also denied a rent reduction for the loss of use of a yard on an adjoining property. These findings comply with the law and Board regulations and, therefore, should be affirmed.
8. Action Items
a. From Board Members, Executive Director and Committees
(1) Recommendation to City Council concerning the Condominium Conversion Ordinance. (Eviction/Section 8 Committee) [PDF file, requires Adobe Acrobat Reader]
(2) Recommendation to modify the Board's rules to allow the Chair to vote last, rather than in alphabetical order. (Commissioner Blake) (Verbal)
(3) Proposal to refer to the IRA/AGA/Habitability Committee the issue of standards for determining if space outside a property can be considered part of lease. (Commissioner Blake) (Verbal)
(4) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties. (Executive Director)
Waiver No. Property Address
3409 1151 Oxford Street
3414 2301 Oak Street
3418 1510 Spruce Street
3419 1834 Carleton Street
3421 3120 Ellis Street
3423 1412 Acton Street
3424 1602 Ashby Avenue
3427 2401 Hillside Avenue
3430 2419 Prospect Avenue
3431 2107 Hearst Avenue
3433 2401 10th Street
3434 1528 University Avenue
3436 1329 66th Street
Waiver No. Property Address
3402 2525 Regent Street
3408 1910 Berkeley Way
3410 1919 Curtis Street
3412 1917 6th Street
3420 1701 Allston Way
3422 1401 Prince Street
3428 2339 Ellsworth Street
3429 1705 62nd Street
3432 2109 Shattuck Avenue
3438 1613 6th Street
3442 2430 Bancroft Way
3443 1770 La Loma Avenue
9. Information and Announcements
Please Note: The Board may move Information Items
to the Action Calendar.
a. Reports from Board Members/Staff.
(1) Committee appointments for 2007. (Chair Arreguin)
(2) Staff Report on how the rate of interest on security deposits that must be refunded to tenants is calculated (Executive Director) [PDF file, requires Adobe Acrobat Reader]
(3) Copies of letters from Staff Attorney Brian Kelly dated February 8, and February 8, to tenant Judith Proctor in response to her letters of February 1 and January 18, concerning Regulation 1267. (Executive Director)
(4) Memorandum from the City Clerk's office reminding Boardmembers that the 2006 Statement of Economic Interests Forms 700 are due April 2, 2007. (Executive Director)
(5) Copy of February 5, 2007 article in USA Today titled "Renters will dig deeper in 2007" (Executive Director)
b. Announcements of upcoming Committee/Board Meetings.
(1) Budget and Personnel
(3) IRA/AGA and Habitability
(4) Eviction/Section 8 - Next meeting Tuesday, February 20 at 2 p.m.
a. Minutes of Monday, February 5 meeting.
(5) 4x4 City Council/RSB Housing Committee
(6) Ad Hoc Committee on Soft Story Ordinance
(7) Future Special Meetings
c. Discussion of items for possible placement on future agenda.