RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, April 4, 2005
7 PM

APPROVED

Item 1. Call to Order - Chairperson Chong called the meeting to order at 7:00 p.m. Pam Wyche called roll. 

Commissioners Present: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Payne, Spector, Walden 

Commissioners Absent: None 

Staff Present: Kelekian, Kelly, Wyche

Item 2. Approval of the Agenda. M/S/C (Arreguin/Payne) APPROVE AS WRITTEN. Voice vote. Passed: 9-0-0-0.

Item 3. Public Forum. There were no speakers.

Item 4. Approval of the Minutes. M/S/C (Payne/Overman) TO APPROVE THE MARCH 7, 2005 REGULAR MEETING MINUTES AS WRITTEN. Voice vote. Passed: 9-0-0-0

Item 6.a.(1) That the Board adopt on second reading proposals to amend Regulations 701 [Security Deposits], 702 [Payment of Interest on Security Deposits] and 704 [Deduction of Interest from Rent] to clarify the procedures and interest rates payable on security deposits when the interest is not paid in December as required by B.M.C. section 13.76.070. [PDF file requires Adobe Acrobat Reader] M/S/C (Evans/Kavanagh) TO ADOPT ON SECOND READING PROPOSALS TO AMEND REGULATIONS 701, 702 AND 704. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Payne, Spector, Walden; No: None; Abstain: None; Absent: None. Passed: 9-0-0-0.

Item 6.a.(2) That the Board adopt on second reading proposal to amend Regulation 1271 to provide for tolling of limitation period for liability for rent overcharges where the tenant delays filing petition in reasonable reliance on landlord's misrepresentations. [PDF file requires Adobe Acrobat Reader]. M/S/C (Evans/Walden) TO ADOPT ON SECOND READING PROPOSALS TO AMEND REGULATION 1271. Roll call vote: Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Payne, Spector, Walden; No: None; Abstain: None; Absent: None. Passed: 9-0-0-0.

Item 6.a.(3) Recommendation that the Board adopt a resolution urging the California State Legislature to approve Assembly Bill 781 requiring ownership of rental property for five years before removal under the Ellis Act. [PDF file requires Adobe Acrobat Reader] M/S/C (Arreguin/Payne) TO ADOPT THE RESOLUTION IN SUPPORT OF ASSEMBLY BILL 781. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Payne, Spector, Walden; No: None; Abstain: None; Absent: None. Passed: 9-0-0-0.

Item 5. Appeal T-4584; 1521 Ashby Ave. #C. M/S/C (Chong/Overman) TO AFFIRM HEARING EXAMINER'S DECISION. Roll call vote. Yes: Arreguin, Chong, Harrison, Kavanagh, Overman, Payne; No: None; Abstain: Evans, Spector, Walden; Absent: None. Passed: 6-0-3-0.

Item 6.a.(4) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties.

Discretionary Waivers

Waiver No.      Property Address
3225                 1823 Delaware Street (Request of continuance to April 18th meeting by owner.) 
3232                 1780 Le Roy Ave. (Continued from 3/7/05) 
3243                 2700 Sacramento Street 
3246                 1917 6th Street 
3249                 1217 Haskell Street 
3251                 2338 Telegraph Avenue

Waivers 3246 and 3251 pulled by Evans. Waiver 3249 pulled by Chong. Waiver 3232 pulled by Arreguin.

M/S/C (Payne/Overman) TO ACCEPT EXECUTIVE DIRECTOR'S RECOMMENDATION ON REMAING WAIVER NUMBER 3243. Voice vote. Passed: 9-0-0-0.

M/S/C (Chong/Overman) TO CONTINUE WAIVER 3225 TO THE NEXT REGULAR MEETING OF APRIL 18, 2005, AS REQUESTED BY OWNER. Voice vote. Passed: 9-0-0-0.

M/S/C (Arreguin/Walden) TO ACCEPT EXECUTIVE DIRECTOR'S RECOMMENDATION ON WAIVER NUMBER 3232. Voice vote. Yes: Arreguin, Evans, Kavanagh, Overman, Payne, Walden; No: Chong, Harrison; Abstain: Spector; Absent: None. Passed: 6-2-1-0.

M/S/C (Evans/Harrison) To Waive 80% of the penalty on waiver number 3246. A friendly amendment was made by Commissioner Arreguin and accepted TO REDUCE THE AMOUNT WAIVED TO 75% ON WAIVER NUMBER 3246. Roll call vote. Yes: Arreguin, Evans, Harrison, Overman, Spector, Walden; No: Chong; Abstain: Kavanagh, Payne; Absent: None. Passed: 6-1-2-0.

M/S/C (Chong/Evans) TO WAIVE 95% OF THE PENALTY ON WAIVER NUMBER 3249. Roll call vote. Yes: Chong, Evans, Harrison, Overman, Payne, Spector, Walden; No: None; Abstain: Kavanagh; Absent: Arreguin (stepped out briefly) Passed: 7-0-1-1.

M/S/C (Evans/Overman) To Waive 80% of the penalty on waiver number 3251. A friendly amendment was made by Arreguin and accepted, TO REDUCE THE AMOUNT WAIVED TO 75% ON WAIVER NUMBER 3251 . A second friendly amendment was made by Overman and accepted, THAT THE PARTIAL WAIVER IS CONDITIONED ON PAYMENT WITHIN A REASONABLE PERIOD OF TIME. IF A PAYMENT SCHEDULE IS REQUESTED BY THE OWNER, IT IS TO BE DETERMINED BY THE EXECUTIVE DIRECTOR, WITH TERMS DETAILED IN A SIGNED AGREEMENT, AND CONTINGENT UPON THE UPCOMING REGISTRATION FEES PAID ON TIME AND IN FULL. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Overman, Payne, Spector, Walden; No: None; Abstain: Kavanagh; Absent: None. Passed: 8-0-1-0.

Item 7.a. Reports and information from Board Members/staff.

(1) The Executive Director discussed with the Board the Background on City of Berkeley's: Inclusionary Ordinance, Density Bonuses for Inclusionary Housing, Condominium Conversion Regulations, and Tenancy in Common (TIC) Regulations and the potential that the TIC and Condo Conversion Ordinances may soon be revised.

(2) The Executive Director discussed with the Board the status of the property at Addison and Third Street, which was recently "red tagged" as an imminently hazardous building.

(3) Commissioner Arreguin announced the correct date of Tenants Rights Week as April 11 - 15th and informed the public that Rent Board Counselors will be available from 11 a.m. to 2 p.m. daily.

(4) The Executive Director, Commissioners Arreguin and Overman discussed the success of the ongoing UC student dorm presentations.

(5) The Executive Director gave an update on the Soft Story project.

Item 7.b. Committee meeting announcements and reports. 

(1) Budget/Personnel - TBA 

(2) Outreach - Monday, April 18th at 6 p.m. 

(3) Eviction - Monday, April 11th at 5:30 p.m. 

(4) IRA/AGA - Monday, May 9th at 6:00 p.m. 

(5) 4 x 4 - No meeting scheduled.

Item 7.c. Discussion of items for possible placement on future agenda material.

Commissioner Walden announced that Lynda Carson, Housing Advocate, will be giving a report on the state of subsidized housing for low income and disabled in the Bay Area at the next Board meeting on April 18, 2005.

Commissioner Arreguin asked that the Executive Director have the information on Council's decision on the Tenants in Common issue on the next agenda.

Item 8. Adjournment. M/S/C (Walden/Arreguin) Chair Chong adjourned at 9:05 p.m.