RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, June 21, 2004
7 PM

APPROVED


Item 1. Call to Order - Vice-Chair Hogarth called the meeting to order at 7:09 p.m. Secretary Pam Wyche called roll. 

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

Commissioners Absent: Anderson 

Staff Present: Chakos, Kelekian, Kelly, Lambert, Wyche

Item 2. Approval of the Agenda. M/S/C (Alberti/Payne) TO APPROVE AS WRITTEN. Voice vote. Passed: 8-0-0-1. Absent: Anderson.

Item 3. Public Forum There were no speakers.

Item 4. Approval of the June 7, 2004 regular meeting minutes. M/S/C (Alberti/Hogarth) APPROVED AS CORRECTED, ITEM 8.b.(2) MINUTES OF JUNE 23rd MEETING NOT ATTACHED AS WRITTEN. Voice vote. Passed: 8-0-0-1 Absent: Anderson.

Item 6. Appeal T-4324; 1603 Alcatraz Avenue.

M/S/C (Hogarth/Evans) BOARD FINDS THAT THERE WAS A 10% IMPAIRMENT IN THE USE OF BEDROOM #2 DUE TO WINDOWS NOT FUNCTIONING PROPERLY. Roll call vote. Yes: Alberti, Evans, Hogarth, Kavanagh, Spector, Walden; No: Chong, Payne; Abstain: None; Absent: Anderson. Passed: 6-2-0-1.

M/S/F (Evans/Spector) THAT PERCENTAGE REDUCTIONS IN RENT FOR THE OTHER SPECIFIC PROBLEMS BE APPLIED AS A PERCENTAGE OF THE RENT CEILING RATHER THAN A PERCENTAGE OF THE RENT CEILING AS REDUCED DUE TO THE HEAT PROBLEM. Roll call vote. Yes: Evans, Spector; No: Alberti, Chong, Hogarth, Payne; Abstain: Kavanagh, Walden; Absent: Anderson. Failed: 2-4-2-1.

M/S/C (Hogarth/Walden) TO INCREASE THE OVERALL PERCENTAGE OF IMPAIRMENT OF THE BATHROOM BY DOUBLING ALL OF THE HEARING EXAMINER'S PERCENTAGE REDUCTIONS LISTED ON PAGE 56 OF THE RECORD. Roll call vote. Yes: Chong, Evans, Hogarth, Kavanagh, Spector, Walden; No: None; Abstain: Alberti, Payne; Absent: Anderson. Passed: 6-0-2-1.

M/S/C (Hogarth/Alberti) TO INCREASE THE PERCENTAGE REDUCTION GRANTED BY THE HEARING EXAMINER FOR NO HOT WATER IN THE BATHROOM SINK, DURING THE TIME ONLY WHEN THERE WAS NO HOT WATER, FROM 35% OF THE SINK TO 50% OF THE SINK. Roll call vote. Yes: Alberti, Chong, Evans, Hogarth, Kavanagh, Payne, Spector, Walden; No: None; Abstain: None; Absent: Anderson. Passed: 8-0-0-1.

M/S/C (Hogarth/Alberti) TO GRANT A 5% REDUCTION FROM THE TOTAL VALUE OF THE RENT FOR THE REAR DOOR NOT LOCKING FROM THE INCEPTION OF TENANCY UNTIL DECEMBER 1, 2002, WHEN THE LANDLORD INSTALLED A LOCK. Roll call vote. Yes: Alberti, Chong, Evans, Hogarth, Kavanagh, Payne, Spector, Walden; No: None; Abstain: None; Absent: Anderson. Passed: 8-0-0-1.

M/S/C (Evans/Hogarth) TO MAKE AN ADJUSTMENT FOR LACK OF SMOKE DETECTORS FROM A FLAT $20 REDUCTION TO $20 A MONTH FROM THE BEGINNING OF TENANCY UNTIL THE SMOKE DETECTORS ARE INSTALLED. Roll call vote. Yes: Alberti, Chong, Evans, Hogarth, Kavanagh, Payne, Spector, Walden; No: None; Abstain: None; Absent: Anderson. Passed: 8-0-0-1.

M/S/F (Walden/Hogarth) TO GRANT A ONE PERCENT REDUCTION FOR THE LOSS OF A HOUSING SERVICE WHEN THE LAUNDRY ROOM DRAIN WAS CAPPED IN APRIL 2003, MAKING IT UNAVAILABLE FOR USE. Friendly amendment was made by Commissioner Chong and accepted by Commissioner Walden: TO APPLY THE REDUCTION FROM APRIL 2003 UNTIL THE LAUNDRY DRAIN IS UNCAPPED AND AVAILABLE FOR USE. Roll call vote. Yes: Evans, Hogarth, Spector, Walden; No: Alberti, Chong, Payne; Abstain: Kavanagh; Absent: Anderson. Failed: 4-3-1-1.

M/S/C (Chong/Payne) TO UPHOLD THE REMAINDER OF THE HEARING EXAMINER'S DECISION WITH THE EXCEPTION OF THE ADJUSTMENTS APPROVED IN THE ABOVE MOTIONS. Roll call vote. Yes: Alberti, Chong, Hogarth, Kavanagh, Payne, Spector; No: Evans, Walden; Abstain: None; Absent: Anderson. Passed: 6-2-0-1.

Item 7.a. That the Board adopt on second 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.] M/S/C (Chong/Spector) TO ADOPT ON SECOND READING TO AMEND REGULATION 1004 AS PROPOSED. Roll call vote. Yes: Alberti, Chong, Evans, Hogarth, Kavanagh, Payne, Spector, Walden; No: None; Abstain: None; Absent: Anderson. Passed: 9-0-0-1.

Item 8.b. Committee meeting announcements and reports.

(1) Budget/Personnel - No meeting scheduled.

(2) Outreach - Next meeting: 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 (Payne/Spector) Vice-Chair Hogarth adjourned at 9:50 p.m.