RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, May 3, 2004
7 PM

APPROVED

Item 1. Call to Order - Chair Anderson called the meeting to order at 7:08 p.m. Secretary Pam Wyche called roll. 

Commissioners Present: Alberti, Anderson, Chong, Evans, Kavanagh (arrived at 7:28), Payne, Walden. 

Commissioners Absent: Hogarth, Spector 

Staff Present: Kelekian, Kelly, Tine, Wyche

Item 2. Approval of the Agenda . M/S/C (Chong/Payne) TO APPROVE AS AMENDED TO MOVE ACTION ITEMS TO AFTER APPROVAL OF MINUTES. Voice vote. Passed: 6-3. Absent: Hogarth, Kavanagh, Spector.

Item 3. Public Forum. There were no speakers.

Item 5. Approval of the April 19, 2004 meeting minutes. M/S/C (Evans/Chong) APPROVED AS WRITTEN. Voice vote. Passed: 6-3. Absent: Hogarth, Kavanagh, Spector.

Item 7.a.(1). Referral by the 4 x 4 Committee to place a measure on the November 2004 ballot amending various sections of the Ordinance.

1. Amending Section 13.76.090 of the Ordinance to exempt certain rental units owned or leased by non-profit organizations.

2. Amending Section 13.76.190 of the Ordinance to clarify that a tenant may not be evicted for violation of a lease's prohibition on subletting where the alleged violation was the replacement of a roommate after the landlord unreasonably refused consent to the replacement.

3. Amending the Ordinance to delete the prohibition on the City using information supplied to the Rent Stabilization Program.

4. Amending the Ordinance to modify criminal penalties for willful violation of the Rent Stabilization Ordinance.

5. Amending Section 13.76.070 of the Ordinance to provide additional protections to Section 8 tenants.

6. Amending the Ordinance to modify the process by which the rate of interest on tenant security deposits is determined.

7. Amending the Ordinance to revise the method of establishing a base rent for a unit without a rent history.

8. Amending Section 13.76.040 A of the Ordinance, which refers to the "appointed" Board.

At its April 19, 2004 regular meeting, the Board passed a motion TO APPROVE AS WRITTEN AND REFER RECOMMENDATIONS TO CITY COUNCIL ON ITEM NUMBERS 6, 7 AND 8. No further action taken.

M/S/C (Alberti/Payne) TO APPROVE AND REFER TO CITY COUNCIL ITEMS 1, 3, 4 AND 5 AS WRITTEN AND ITEM 2 WITH THE FOLLOWING CHANGES: SECTION 13.76.130.A.2.c. "the number of tenants and subtenants actually occupying the rental unit does not exceed the number of occupants originally allowed by the rental agreement or the board's regulations, whichever is greater."

SECTION 13.76.130.A.2.d.(ii) "The proposed new subtenant upon the landlords written request has completed the landlord's standard form application, or, provided sufficient information to allow the landlord to conduct a standard background check, including references and credit, income and other reasonable background information;"

SECTION 13.76.130.A.2.d.(iii) "The proposed new subtenant meets the landlord's customary occupancy qualifications and has not refused to be bound by the terms of the current rental agreement between the landlord and the tenant;" Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Kavanagh, Payne, Walden; No: None; Abstain: None; Absent: Hogarth, Spector. Passed: 7-0-0-2.

M/S/C (Chong/Walden) TO RECOMMEND TO THE CITY COUNCIL THAT ALL EIGHT PROPOSALS BE CONTAINED IN ONE COMPREHENSIVE BALLOT ITEM AS RECOMMENDED BY THE 4 X 4 COMMITTEE. Voice vote. Passed: 7-0-0-2 Absent: Hogarth, Spector.

Item 7.a.(2). Second reading of proposal to amend Regulation 1004 [PDF file, requires Adobe Acrobat Reader], Provision of Certificate of Permissible Rent Level. M/S/C (Chong/Alberti) TO ADOPT PROPOSAL TO AMEND REGULATION 1004 AS WRITTEN. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Kavanagh, Payne, Walden. Passed: 7-0-0-2. Absent: Hogarth, Payne.

Item 7.a.(3) Second reading of proposal to amend Regulation 1009 [PDF file, requires Adobe Acrobat Reader], Basis for Redetermination of Permissible Rent Level. M/S/C (Evans/Chong) TO ADOPT PROPOSAL TO AMEND REGULATION 1009 AS WRITTEN. Voice vote. Passed: 7-0-0-2. Absent: Hogarth, Spector.

Item 7a.(4). Proposal to approve Executive Director's recommendations on the following requests for waiver of late registration penalties.

Discretionary Waivers

Waiver No.      Property Address
3128                 2518 Etna Street 
3143                 2432 7th Street

M/S/C (Alberti/Chong) TO ACCEPT THE EXECUTIVE DIRECTOR'S RECOMMENDATION ON THE WAIVERS LISTED. Voice vote. Passed: 7-0-0-2. Absent: Hogarth, Spector.

Item 6. Appeal T-3997/T-4007; 2237 & 2239 Dwight Way. (Continued from April 8th meeting.) M/S/F (Chong/Walden) TO ACCEPT HEARING EXAMINER'S DECISION EXCEPT FOR THE FOLLOWING: 1. Change no reduction for lack of smoke detectors to 3% reduction to all tenants to lower units only. 2. Change no reduction for mold to 10% reduction for loss of use of bathroom from the start of tenancy. 3. Change the reduction for the safety hazard issue of the main stairs to include 5% rent reduction from November 1997 until the time that the stairs are made completely safe. 4. Increase the rent reduction for rodent infestation from 20% to 35% and the reduction for time the attic was used solely for storage from 8% to 15%. Roll call vote. Yes: Chong; No: Evans; Abstain: Alberti, Anderson, Kavanagh, Payne, Walden; Absent: Hogarth, Spector. Failed: 1-1-5-2.

M/S/C (Alberti/Chong) RECONSIDERATION OF VOTE ON COMMISSIONER CHONG'S MOTION. Roll call vote. Yes: Alberti, Anderson, Chong, Payne, Walden; No: Kavanagh; Abstain: Evans; Absent: Hogarth, Spector. Passed: 5-1-1-2.

M/S/F (Alberti/Chong) Substitute motion: TO RECONSIDER COMMISSIONER CHONG'S MOTION AS STATED ABOVE. Roll call vote. Yes: Alberti, Chong, Payne; No: Anderson, Evans, Walden; Abstain: Kavanagh; Absent: Hogarth, Spector. Failed: 3-3-1-2.

M/S/C (Kavanagh/Evans) TO REQUEST A SUPPLEMENTAL BRIEF ON OSTENSIBLE AGENCY AND RELATED ISSUES OF RATIFICATION FROM BOTH PARTIES REPRESENTATIVES TO BE SENT TO THE BOARD ON OR BEFORE MAY 30, 2004 AND TO MOVE THIS HEARING TO THE JUNE 7, 2004 REGULAR MEETING. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Kavanagh, Walden; No: None; Abstain: Payne; Absent: Hogarth, Spector. Passed: 6-0-1-2.

Item 4.d. Discussion and adoption of a Resolution setting Fiscal Year 2005 budget guidelines and the annual registration fee. M/S/C (Alberti/Payne) TO ADOPT THE RESOLUTION TO APPROVE AN OVERALL SPENDING LEVEL NOT TO EXCEED $3,230,000, WITH PROJECTED REVENUES OF $2,730,000, AND TO APPROVE NO INCREASE TO THE 2005 REGISTRATION FEE THEREBY ADOPTING A FEE OF $136 PER UNIT. Roll call vote. Yes: Alberti, Anderson, Chong, Kavanagh, Payne, Walden; No: None; Abstain: Evans; Absent: Hogarth, Spector. Passed: 6-0-1-2.

Item 8.a.(1) Setting a Summer recess. Two possibilities discussed, canceling July 19th and August 2nd meetings, returning on August 16th or canceling both meetings in August returning September 9th. No action taken and Board agreed to continue to the next regular meeting.

Item 8.b. Committee meeting announcements and reports.

(1) Budget/Personnel - May 10th at 11:00 a.m. 

(2) Outreach - TBA 

(3) Eviction - Thursday, May 13th at 6 p.m. 

(4) IRA/AGA - Tuesday, June 1st at 6 p.m. 

(5) 4x4 Council/RSB - No meeting scheduled.

Item 9. Adjournment M/S/C (Payne/Chong) Chair Anderson adjourned at 10:53 p.m.