RENT STABILIZATION BOARD
Monday, April 17, 2006
2134 Martin Luther King Jr. Way
City Council Chambers
1. Roll Call - 7:00 PM
2. Approval of Agenda
3. Public Forum
4. Approval of the March 20, 2006 regular meeting minutes.
5. Appeals Time Certain - 7:15 PM
a. Appeal T-4670; 3030 Regent Street, #16. (Continued from 2/23/06 meeting.) 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.
b. Appeal D-15; 2437 Piedmont Avenue, #109. This is an appeal of a hearing examiner decision that found that the tenant's primary residence is in Berkeley. On appeal, the landlord argues that the decision is not supported by the evidence and may have the effect of making prior actions of the tenant unlawful. A review of the record establishes that the decision is supported by substantial evidence. For this reason, it is recommended the decision of the hearing examiner be affirmed.
c. Appeal D-16; 1911 MLK, Jr. Way. This is a landlord appeal of a hearing examiner decision that the landlord failed to prove that the subject rental unit was not the tenant's primary residence. On appeal, the landlord argues that the burden of proof was misallocated. A review of the legislative materials considered by the Board when Regulation 525 was adopted establishes that the Board intended the landlord to have the ultimate burden of proving that a unit was not the tenant's primary residence. The hearing examiner correctly placed this burden on the landlord. Accordingly, there has been no procedural error and the decision of the hearing examiner should be affirmed.
6. Action Items
a. From Board Members, Executive Director and Committees
(1) Proposed adoption of Regulation 1017 as a Permanent Regulation to Enable Landlords to Offer Housing to Disaster Victims at Below-Market Rental Rates Without Suffering Long-Term Financial Disadvantage. (IRA/AGA Committee) [PDF file, requires Adobe Acrobat Reader.]
(2) Consideration of language for November 2006 ballot measure to amend the City Charter to revise the process for filling a vacancy on the Rent Stabilization Board if a Commissioner is unable to complete his or her term. (4 x 4 Committee) [PDF file, requires Adobe Acrobat Reader.]
(3) Discussion of FY 2007 registration fee and determination if a public hearing in early May 2006 is necessary. (Executive Director) [PDF file, requires Adobe Acrobat Reader.]
(4) Proposed letter to Alameda County Board of Supervisors to reinforce Mayor Bates' and the City Council's request concerning Instant Runoff Voting (IRV) or "ranked choice voting." (Commissioner Kavanagh)
(5) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties. (Executive Director)
Waiver No. Property Address
3333 1437 MLK Jr. Way
3334 1444 Alcatraz Avenue/3306 Sacramento Street
3335 1600 Fairview Street
3337 2321-2323 10th Street
3339 2919 Otis Street
3341 1509 Curtis Street
(6) Proposal that the Board approve a resolution authorizing the Executive Director to increase the Fiscal Year 2005/2006 purchase order with Volt Temporary Services to an amount not to exceed $34,000. [PDF file, requires Adobe Acrobat Reader.]
7. Information and Announcements
Please Note: The Board may move Information Items to the
a. Reports from Board Members/Staff.
(1) Update on Council Condo Conversion Public Hearing
(2) 2/3-year budget update and initial year-end projections. [PDF file, requires Adobe Acrobat Reader.]
(3) Market median report. [PDF file, requires Adobe Acrobat Reader.]
(4) Newsletter in Spanish. [PDF file, requires Adobe Acrobat Reader.]
(5) Webcasting numbers update.
(6) Tenants' Rights Week.
(7) Housing 2006 California Conference.
b. Announcements of upcoming Committee/Board Meetings.
(1) Budget and Personnel - Next meeting: April 26 at 10 a.m.
a. Unapproved minutes of April 12 meeting.
a. Unapproved minutes of March 30 meeting.
(5) 4x4 City Council/RSB Housing Committee
a. Unapproved minutes of April 3 meeting.
(6) Future Special Meetings
c. Discussion of items for possible placement on future agenda.