RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, June 7, 2004
7 PM

APPROVED 


Item 1. Call to Order - Chair Anderson called the meeting to order at 6:50 p.m. in order to go into closed session. Secretary Pam Wyche called roll. 

Commissioners Present: Alberti, Anderson, Chong, Evans, Hogarth, Payne, Spector, Walden. 

Commissioners Absent: Kavanagh 

Staff Present: Kelekian, Kelly, Wyche

Call to Order - Chair Anderson called the regular meeting to order at 7:15 p.m. Secretary Pam Wyche called roll. 

Commissioners Present: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh (arrived at 7:33 p.m.), Payne, Spector, Walden. 

Commissioners Absent: None 

Staff Present: Kelekian, Kelly, Wyche

Item 2. Closed Session - 6:50 p.m.

CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:

a. Board Negotiator: Jay Kelekian, Executive Director 

b. Employee Organizations: SEIU Local 790, SEIU Local 535, Local One and Unrepresented Employees at the Rent Stabilization Board.

NO ACTION TAKEN.

Item 3. Approval of the Agenda. M/S/C (Chong/Spector) TO APPROVE AS WRITTEN. Voice vote. Passed: 7-0-0-2. Absent: Alberti, Kavanagh.

Item 4. Public Forum.  There were no speakers.

Item 5. Approval of the May 20, 2004 regular meeting minutes. M/S/C (Evans/Payne) APPROVED AS WRITTEN. Voice vote. Passed: 7-0-0-2 Absent: Alberti, Kavanagh.

Item 6.a. Appeal T-3997/T-4007; 2237 & 2239 Dwight Way. (Continued from May 3, 2004 meeting.) Commissioner Hogarth recused himself and left the room.

M/S/F (Evans/Kavanagh) MOTION TO SEVER THE ISSUES OF RENT OVERCHARGES DUE TO COLLECTION OF RENT IN EXCESS OF THE RENT CEILING FROM THE AMOUNTS OWED DUE TO HABITABILITY DEFECTS. Roll call vote: Yes: Evans, Kavanagh, Spector; No: Alberti, Anderson, Chong, Payne; Abstain: Walden; Absent: Hogarth. Failed: 3-4-1-1.

M/S/F (Chong/Alberti) 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: Alberti, Anderson, Chong, Payne; No: Evans, Spector; Abstain: Kavanagh, Walden; Absent: Hogarth. Failed: 4-2-2-1.

M/S/C (Alberti/Payne) TO AFFIRM THE DECISION OF HEARING EXAMINER AND AMEND THE CLERICAL ERROR AS SET FORTH IN STAFF ATTORNEY'S MEMORANDUM OF JUNE 1, 2004. Roll call vote. Yes: Alberti, Anderson, Kavanagh, Payne, Walden; No: Chong, Evans, Spector; Abstain: None; Absent: Hogarth. Passed: 5-3-0-1.

Item 6.b. Appeal T-4540; 3141 College Avenue, #8. M/S/C (Chong/Evans) TO ADOPT LEGAL STAFF RECOMMENDATION TO AFFIRM HEARING EXAMINER'S DECISION. Roll call vote. Yes: Anderson, Chong, Evans, Hogarth, Kavanagh, Payne, Spector, Walden; No: None; Abstain: Alberti; Absent: None. Passed: 8-0-1-0.

Item 7.a.(1) Proposal that the Board request the City Council to amend the Ellis Act Implementation Ordinance (BMC Chapter 13.77) to increase relocation assistance from $4,500 to $7,000 and to include elderly and disabled tenants in the class of tenants who qualify for assistance. [PDF file, requires Adobe Acrobat Reader.] M/S/C (Hogarth/Payne) TO REQUEST THAT THE CITY COUNCIL AMEND THE ELLIS ACT IMPLEMENTATION ORDINANCE AS PROPOSED. Roll call vote. Passed unanimously 9-0.

Item 7.a.(2) That the Board adopt on first reading a proposal to amend Regulation 1004, Provision of Certificate of Permissible Rent Level, to provide that where a petition for an Individual Rent Adjustment is pending when a Request for Certificate of Permissible Rent Level is filed, the Certificate will not be issued within five days but instead the Request shall be consolidated with the pending IRA[PDF file, requires Adobe Acrobat Reader.] TO ADOPT ON FIRST READING TO AMEND REGULATION 1004 AS PROPOSED. Roll call vote. Passed unanimously 9-0.

Item 8.b. Committee meeting announcements and reports.

(1) Budget/Personnel - No meeting scheduled.

(2) Outreach - Rescheduled the June 16th meeting to Wednesday, June 23rd at 6 p.m.

(3) Eviction - No meeting scheduled.

(4) IRA/AGA - No meeting scheduled.

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

Item 9. Adjournment M/S/C (Hogarth/Alberti) Chair Anderson adjourned at 9:30 p.m.