RENT STABILIZATION BOARD
Monday, July 17, 2006
2134 Martin Luther King Jr. Way
City Council Chambers
Broadcast Live - KPFB - 89.3 (N. Berkeley)
BTV Cable Channel 33
1. Roll Call - 7:00 PM
2. Approval of Agenda
3. Public Forum
4. Approval of the June 19, 2006 regular meeting minutes.
5. Appeal T-4700; 2117 Rose Street, Unit #3. (Continued from June 19, 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 second 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. [PDF file, requires Adobe Acrobat Reader.] (IRA/AGA Committee)
(2) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties. (Executive Director) (To be distributed)
Waiver No. Property Address
3355 2463 Hilgard Avenue
7. Information and Announcements
Please Note: The Board may move Information Items to the Action Calendar.
a. Reports from Board Members/Staff.
(1) Council item on establishing a policy governing reimbursement of expenses by City boards and commissions as required under AB1234. [PDF file, requires Adobe Acrobat Reader. Links to City Council agenda item.] (Executive Director
(2) Council item from Councilmembers Anderson and Worthington prohibiting the conversion of rental units to condominiums for five years for specific terminations of tenancy and requiring notice to tenants regarding their rights before a request for allocation is filed with the City. [PDF file, requires Adobe Acrobat Reader. Links to City Council agenda item.] (Executive Director)
(3) Council item from Councilmember Dona Spring to consider placing a Council approved Ordinance to allow conversion of rental units to condominiums with payment of an affordable housing mitigation fee and protection of sitting tenants on the November ballot. [PDF file, requires Adobe Acrobat Reader. Links to City Council agenda item.]
(4) Copy of Council item placing a Charter amendment related to filling a vacancy on the Rent Stabilization Board on the November 7, 2006 ballot. [PDF file, requires Adobe Acrobat Reader. Links to City Council agenda item.] (Executive Director)
(5) Registration update. (Executive Director)
(6) Instant Runoff Voting (IRV) memorandum from Chair Chong to Mayor and City Council Members on behalf of Rent Board Commissioners. (Chair Chong)
(7) Copy of letter from owner in protest of registration fees. (Executive Director)
(8) Analysis Under Elections Code Section 9212 of the Proposed Condominium Conversion Initiative. (Executive Director) (To be distributed)
b. Announcements of upcoming Committee/Board Meetings.
(1) Budget and Personnel
a. Agenda for the July 17th 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.