RENT STABILIZATION BOARD
Monday, September 18, 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 July 17, 2006 regular meeting minutes.
5. Appeal Hearings - 7:15 Time Certain
a. D-19 - 1810 Euclid Avenue, #19. This is a landlord's appeal of a finding that he failed to prove that the subject unit was not the tenant's principal residence. On appeal, the landlord claims that the hearing examiner abused her discretion in denying his petition, that the decision is not supported by substantial evidence, that documents were admitted into evidence after the record closed and that the tenant had ex parte communications with the hearing examiner. Upon review, staff recommends that the decision of the hearing examiner be affirmed.
b. T-4731 - 1816 Parker Street. This is a landlord appeal of a hearing examiner decision that found that a contemporaneously completed Initial Registration Statement was the best evidence of a unit's status on May 31, 1980. On appeal, the landlord claims that the unit was occupied rent-free from 1980 through 1996 and, therefore, she was entitled to set a market-rate rent when she rented the unit in 1996. Staff recommends that the Board defer to the hearing examiner and affirm the decision.
6. Action Items
a. From Board Members, Executive Director and Committees
(1) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties. (Executive Director)
Waiver No. Property Address
3365 2206 MLK Jr. Way
3372 3217 Adeline Street
3375 1814 Sacramento Street
Waiver No. Property Address
3368 2220 Haste Street
3370 1640 Julia Street
3373 2740 College Avenue
3374 1520 Woolsey Street
3376 2009-2013 Vine Street
3377 2123 - 9th Street
3378 1940/1942 Francisco Street
3379 1901/1905 Parker St./2543 MLK Jr. Way
3380 2455 Prospect Street
3381 2412 Piedmont 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. [Supplemental report in response to Council questions.] [Link to City Council 7/25/2006 Agenda Item, PDF file requires Adobe Acrobat Reader] (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. [Link to City Council 7/25/2006 Agenda Item, PDF file requires Adobe Acrobat Reader] (Executive Director)
(3) Report on resolution endorsing California Proposition 1C, the Housing and Emergency Shelter Trust Fund Act of 2006. [Link to City Council 9/19/2006 Agenda Item, PDF file requires Adobe Acrobat Reader] (Executive Director)
(4) Market Median Report from January 1999 through 2006. [PDF file requires Adobe Acrobat Reader] (Executive Director)
(5) Tenants Rights Week. (Outreach Committee and Executive Director)
(6) Update on statewide legislation. (Executive Director)
(7) Recommendation to the Housing Advisory Commission to modify the Affordable Housing Mitigation Fee of the Condominium Conversion Ordinance. (Executive Director)
(8) Analysis and ballot arguments for Measure E, Rent Stabilization Board Vacancy and Measure I, Condominium Conversion Ordinance Amendment. (Executive Director)
(9) Solano Stroll participation on September 10, and How Berkeley Can You Be this weekend. (Executive Director)
(10) Changes to PIU lobby counter. (Executive Director)
b. Announcements of upcoming Committee/Board Meetings.
(1) Budget and Personnel
(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.