RENT STABILIZATION BOARD
Regular Meeting

Monday, September 17, 2007
7 p.m.
Maudelle Shirek Building
2134 Martin Luther King Jr. Way
City Council Chambers, Second Floor
Berkeley, CA
Broadcast Live - KPFB - 89.3 (N. Berkeley)
and
BTV Cable Channel 33

Webcast Video Archive 

AGENDA

1. Roll Call - 7:00 p.m. 

2. Approval of Agenda

3. Public Forum

4. Comments from Chair and Boardmembers.

5. Approval of the August 20, 2007 Board Meeting minutes

6. Appeal Time Certain - 7:15 p.m. 

Appeal T-4807, 2729 Dwight Way, Unit 402. (Continued from August 20th meeting.) Tenants appeal portions of a hearing examiner's decision that granted rent reductions for habitability violations. In their appeal, the tenants claim that the hearing examiner committed legal errors by: (1) not ruling that they are entitled to four parking spaces as part of their rent, (2) not holding the landlord responsible for rent ceiling violations committed by the prior master tenant, (3) miscalculating the rent decrease for defective heating, (4) not granting a rent decease for the lack of an on-site resident manager, (5) not reducing the rent for illegal internal walls created by the former master tenant, (6) miscalculating the rent reductions by not considering reductions in services and an alleged fraud committed by the landlord's former manager and the former master tenant, and (7) not taking into account the landlord's alleged statutory violations and unlawful eviction attempts. Staff recommends that the hearing examiner's decision be modified to make the rent decrease for lack of heat effective as of October 13, 2005, instead of December 1, 2005, but that in all other respects the decision be affirmed.

7. Action Items

a. From Executive Director and Board Chair.

(1) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties. (Executive Director)

Ministerial Waivers

Waiver No.      Property Address
W-3487            2720 California Street

Discretionary Waivers

Waiver No.      Property Address
W-3497            2441 McKinley Avenue 
W-3498            1425 Kains Avenue 
W-3500            2228 San Pablo Avenue 
W-3501            1612 Parker Street

8. Information and Announcements

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

a. Reports from Board Members/Staff.

(1) August 23rd letter from BPOA requesting revision to Regulation 702 and response to BPOA's letter. (Letters attached). (Executive Director)  [Letters are PDF files, requiring Adobe Acrobat Reader] 

(2) Rent Board assistance with Rental Housing Safety Program hearings. (Executive Director)

(3) Update on new phone system. (Executive Director)

(4) Market Median Report from January 1999 through June 2007. (Executive Director)  [PDF file, requires Adobe Acrobat Reader] 

(5) Staff participation at Solano Stroll on September 9. (Executive Director)

(6) Staff and possible Board participation at How Berkeley Can You Be on September 30. (Executive Director)

(7) Notice regarding the Public Housing Wait List. (Executive Director)

(8) City of Santa Monica job announcement for Rent Control Board Administrator. (Executive Director)

(9) September 11, 2007, California Wire article titled Judge says LA rent Control laws protect federally subsidized poor. (Executive Director)

b. Announcements of upcoming Committee/Board Meetings. 

(1) Budget and Personnel 

(2) Outreach 

(3) IRA/AGA/Habitability - Next meeting Monday, Sept. 24th at 4 p.m. 

a. Minutes of August 27 meeting. 

b. Minutes of September 10th meeting. 

(4) Eviction/Section 8 

(5) 4x4 City Council/RSB Housing Committee 

(6) Ad Hoc Committee on Soft Story 

(7) Future Special Meetings

c. Discussion of items for possible placement on future agenda.

9. Adjournment