RENT STABILIZATION BOARD
Thursday, January 19, 2006
2134 Martin Luther King Jr. Way
Council Chambers, Berkeley, CA
Broadcast Live - KPFB - 89.3 FM
BTV Cable Channel 33
1. Roll Call - 7:00 PM
2. Approval of Agenda
3. Public Forum
4. Legislative update by Christine Minnehan, Lobbyist.
5. Approval of the December 5, 2005 regular meeting minutes.
6. Appeal Time Certain - 7:30 p.m.
Appeal T-4644 - 1911 Martin Luther King, Jr. Way, #5. This is a tenant appeal of a hearing examiner's finding that the number of tenants allowed to occupy the subject unit was never reduced. At issue is a roof leak. The tenant claims that her roommate vacated the unit because he was tired of water leaking into his bedroom. On appeal, the tenant argues that the landlord's failed attempts to properly fix the leak constituted a policy or "course of conduct" that reduced the number of tenants allowed to occupy the unit. The tenant, therefore, claims she is entitled to a rent reduction under Regulation 1270(C) for the period of time the bedroom was vacant. Review of the evidence establishes that the number of tenants allowed to occupy the unit was never reduced. Thus, Regulation 1270 (C) does not apply to this petition. For this reason, it is recommended that the decision of the hearing examiner be affirmed.
7. Action Items
a. From Board Members, Executive Director and Committees
(1) Proposal to consider amending the City Charter to revise the process for filling a vacancy on the Board (Executive Director) [PDF file, requires Adobe Acrobat Reader.]
(2) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties. (Executive Director)
90-Day Administrative Waivers
The Board will be presented with two properties totaling $8,814 which have been administratively waived in accordance with Regulation 883(H).
Waiver No. Property Address
3312 1520 Francisco Street
3317 2441 & 2443 McKinley Avenue
3322 2722 Russell Street
Waiver No. Property Address
3304 2923 Florence Street
3305 1313 Curtis Street
3306 2325-10th Street
3307 2100 - 6th Street
3310 2037 Vine Street
3315 2630 Dana Street
3316 1211 Ashby Avenue
3323 2244 Russell Street
8. 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) Market Median Report on Rents for the period January 1999 through December 2005. (Executive Director) [PDF file, requires Adobe Acrobat Reader .]
(3) Order on petition for Writ of Mandate and Motions for Summary Judgment or Summary Adjudication for Alameda County Superior Court Case No. RG03-081362, Rental Housing Association of Northern Alameda County, et al. v. City of Oakland, et al, concerning challenges to the Just Cause for Eviction Ordinance. (Executive Director)
(4) Use of Rent Board offices on days the City offices are closed for VTO (Voluntary Time Off). (Executive Director)
(5) 2006 Calendar Year Board Meeting Schedule adopted December 5, 2005. (Executive Director)
(6) City Holiday Schedule for 2006. (Executive Director)
b. Announcements of upcoming Committee/Board Meetings.
(1) Budget and Personnel
(5) 4x4 City Council/RSB Housing Committee
(6) Future Special Meetings
c. Discussion of items for possible placement on future agenda.