Regular Meeting

Thursday, February 23, 2006
7 p.m.
2134 Martin Luther King Jr. Way
Council Chambers, Berkeley, CA.
Broadcast Live - KPFB - 89.3 FM
BTV Cable Channel 33

Webcast Video Archive 

AGENDA

1. Roll Call - 7:00 PM 

2. Approval of Agenda 

3. Public Forum 

4. Approval of the January 19, 2006 regular meeting minutes .

5. Appeal Time Certain - 7:15 p.m.

Appeal T-4666; 2740 College Avenue, #306/107. This is a landlord's appeal of a hearing examiner decision that awarded rent overcharges and directed the landlord to refund a portion of the tenant's security deposit. On appeal, the landlord contends that he is entitled to retain these monies because the tenant breached the lease by moving out without first giving him 30-days written notice. The tenant, however, was constructively evicted from her unit. California case law holds that a tenant who is constructively evicted from a unit is not liable for any future rent. For this reason, it is recommended that the decision of the hearing examiner be affirmed.

Appeal T-4670; 3030 Regent Street, #16. This is a tenant appeal of a hearing examiner decision granting a 20% rent reduction for inadequate heat for a five-month period. On appeal, the tenant claims the reduction should be greater and should cover a longer period of time. The tenant also wants additional rent reductions for the periodic lack of hot water, a pest problem, illegal entry into her unit by the landlord and the City's failure to provide her with an electrician's inspection report. A review of the record establishes that the decision is supported by substantial evidence and that there is no basis for granting additional rent adjustments. For these reasons, it is recommended that the decision of the hearing examiner be affirmed.

6. Action Items

a. From Board Members, Executive Director and Committees

(1) Proposal that the Board approve a resolution authorizing the Executive Director to offer to waive late registration penalties owed by certain landlords with formerly exempt rental units who agree to register the units and pay up to three years of late registration fees. (Executive Director) (To be distributed) [PDF file, requires Adobe Acrobat Reader]

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

Ministerial Waivers

Waiver No.      Property Address 
3308                 1407 Channing Way 
3311                 2605 Haste Street 
3321                 1662 Dwight Way 
3313                 1115 Dwight Way

Discretionary Waivers

Waiver No.      Property Address 
3314                 2028 8th Street 
3316                 1211 Ashby Avenue (Continued from January 19, 2006 regular meeting.)

7. Information and Announcements

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

a. Reports from Board Members/Staff.

(1) 2006 Committee Assignments of Board Members. (Chair)

(2) Winter 2006 Rent Board Newsletter. (Executive Director)  [PDF file, requires Adobe Acrobat Reader]

(3) Council Workshop on Condominium Conversion Ordinance postponed until April 18th.

(4) 2005 Statement of Economic Interests is due by April 3rd.

(5) Copy of letter to Mayor and City Council requesting that the 4x4 Committee convene to discuss changes to the Charter.

(6) Apparent Lawful Rent Ceiling Notices to landlords and tenants. (Executive Director)  [PDF file, requires Adobe Acrobat Reader]

b. Announcements of upcoming Committee/Board Meetings.

(1) Budget and Personnel 

(2) Outreach 

(3) IRA/AGA 

(4) Eviction 

(5) 4x4 City Council/RSB Housing Committee 

(6) Future Special Meetings

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

8. Adjournment