RENT STABILIZATION BOARD
Monday, June 19, 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 May 15, 2006 regular meeting minutes.
5. Appeal T-4700; 2117 Rose Street, Unit #3. (Continued to July 17, 2006 meeting.) This is a landlord's appeal of a hearing examiner decision that reduced the rent ceiling by 50% under Regulation 1270 (C) after the examiner ruled that the landlord's arbitrary rejection of an applicant to share the two-bedroom unit as petitioner's roommate was a policy that resulted in a reduction of the number of occupants allowed to occupy the unit from two to one. Under the decision, the rent reduction is to continue until the landlord approves of a new roommate. On appeal, the landlord raises several objections to the decision, including the contention that the 50% rent reduction should terminate as of the time the landlord agreed to allow a roommate, not when the tenant actually finds a suitable roommate. While most of the landlord's objections lack merit, legal staff agrees that when a landlord allows a tenant to obtain a roommate, there is no longer a landlord policy reducing the number of tenants allowed to occupy the unit. Consequently, legal staff recommends that the hearing examiner's decision be modified to terminate the rent reduction as of April 1, 2006, which would have provided the tenant with a reasonable time to find a suitable roommate following the landlord's withdrawal of her objections to the roommate replacement.
6. Action Items
a. From Board Members, Executive Director and Committees
(1) Proposal to adopt on first reading Regulation 1018 to provide a process for a landlord or tenant to petition for a determination of the landlord's eligibility to establish an initial rental rate. (IRA Committee) [PDF file, requires Adobe Acrobat Reader]
(2) Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with Berkeley Community Media, Inc. ("BCM") for the 2006/2007 Fiscal Year in an amount not to exceed $18,000. (Executive Director) [PDF file, requires Adobe Acrobat Reader]
(3) Proposal that the Board adopt a resolution adopting the Fiscal Year 2006-2007 Budget Expenditure Level and Position Detail. (Executive Director) (Full proposed budget book to be distributed.)
(4) Discussion and possible action establishing a period for Board's summer break. (Chair Chong)
(5) Requesting that the Chair write the Mayor and each member of the City Council suggesting specific actions staff should take to assure that Instant Runoff Voting (IRV) is implemented in time for the November election. (Commissioner Kavanagh)
(6) Request by owner for Reconsideration of Waiver Number 3346, 1615 Parker Street. (Executive Director)
(7) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties. (Executive Director)
Waiver No. Property Address
3357 2319 Ward Street
3360 1018 Hearst Avenue/1900-1904 - 10th St.
3361 1446 MLK Jr. Way
3364 2240 Rose Street
Waiver No. Property Address
3296 2612 Dana Street
3351 1325-1327 Ashby Avenue
3352 1100, 1102 and 1104 Ward Street
3354 1901-1905 Parker Street/2543 MLK
3356 2135 Oregon Street
3358 2339 Oregon Street
3359 2122 Dwight Way
3362 1638 - 62nd Street
7. Information and Announcements
Please Note: The Board may move Information Items
to the Action Calendar.
a. Reports from Board Members/Staff.
(1) May 15 Board meeting is available via webcast archives. (Executive Director)
(2) Registration update. (Executive Director)
(3) Rent Board presence at Juneteenth Festival.
b. Announcements of upcoming Committee/Board Meetings.
(1) Budget and Personnel
a. Minutes of June 13 meeting.
a. Agenda of June 7 meeting.
a. Minutes of June 1 meeting.
(5) 4x4 City Council/RSB Housing Committee
(6) Ad Hoc Committee on Condominium Conversion Ordinance
(7) Future Special Meetings
c. Discussion of items for possible placement on future agenda.