RENT STABILIZATION BOARD
Regular Meeting

Monday, December 6, 2004
7 p.m.

2134 Martin Luther King Jr. Way
Council Chambers, Berkeley, CA.
Broadcast Live - KPFB - 89.3 FM
BTV Cable Channel 33

AGENDA

1. Roll Call - 7:00 PM 

2. Approval of Agenda 

3. Special Order of Business 

a. Introduction of Board members-elect, Jesse Arreguin, Jack Harrison, Jason Overman, and Eleanor Walden.

b. Oath of Office of Board members-elect: The Berkeley City Clerk will administer the Oath of Office to Board members-elect, Jesse Arreguin, Jack Harrison, Jason Overman, and Eleanor Walden.

c. Election of Chairperson: Executive Director conducts election for Chair.

d. Election of Vice Chairperson: Newly elected Chair conducts election for Vice-Chair.

e. Comments by new Chair, Vice-Chair and Board members elect: Newly elected Board members, chair and vice-chair speak as desired.

4. Public Forum 

5. Approval of the Minutes 

Minutes of the November 15, 2004 regular meeting

6. Special Order of Business - Presentation Report from Rent Board Legislative Advocate, Christine Minnehan.

7. Appeal Time Certain - 8:00 p.m.

Appeal E-51; 1716 10th Street. This is a landlord's appeal of a hearing examiner's finding that the subject property is not the landlord's principal residence and, therefore, the property is not exempt from the Rent Ordinance as an owner-occupied duplex. On appeal, the landlord simply reiterates her claim that the property is not "governed by rent control." A review of the record establishes that the hearing examiner's decision is supported by substantial evidence. For this reason, staff recommends that the decision be affirmed.

8. Action Items 

a. From Board Members, Committees and Executive Director

(1) That the Board adopt on second reading proposed Amendment to Regulations 701 [Security Deposits] and 702 [Payment of Interest on Security Deposits] and Proposed Repeal of Regulation 703 [Payment of Interest Where Funds are not Deposited] to Conform to Measure P. [PDF file, requires Adobe Acrobat Reader.] (IRA/AGA Committee)

(2) That the Board adopt on second reading proposed Amendment to Regulation 1100 [Conditions for Taking Annual General Adjustments] to conform to Measure O by deleting Subdivision (A). [PDF file, requires Adobe Acrobat Reader.] (IRA/AGA Committee)

(3) That the Board adopt on second reading proposed Regulation 1241.5, Effect of Landlord's Offer to Comply with Rent Overcharge Refund Order, to provide that where a landlord offers to pay the full amount of a hearing examiner's rent refund order, (1) the tenant's acceptance of the payment constitutes a waiver of the tenant's appeal rights provided the tenant received written notification of the consequences of acceptance and (2) if the offer is not accepted, the landlord will nonetheless be deemed in compliance with the order provided the landlord deposits the payment into a Board maintained escrow account. [PDF file, requires Adobe Acrobat Reader.] (IRA/AGA Committee)

(4) That the Board adopt on second reading a proposal to amend Regulation 1310 [All Evictions: Specificity of Good Cause in Notice and Complaint] to conform to Measure P.  [PDF file, requires Adobe Acrobat Reader.] (Executive Director)

(5) Proposal to cancel December 20, 2004 meeting and to approve 2005 Calendar Year Rent Stabilization Board meeting schedule. [PDF file, requires Adobe Acrobat Reader.] (Executive Director)

(6) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties. (Executive Director)

Ministerial Waivers

Waiver No.    Property Address 
3205               1512 Harmon Street 
3207               1446 MLK Jr. Way

Discretionary Waivers

Waiver No.     Property Address 
3060                1939 Francisco Street 
3155                1608 62nd Street 
3188                2633-2635 Regent Street 
3206                1337 Henry Street 
3211                2215 Bonar Street

9. Information and Announcements

Please Note: The Board may move Information Items to the Action Calendar.

a. Reports and information from Board Members/staff.

(1) Update on Staff Attorney I recruitment. 

(2) Landlord and Tenant AGA Mailing. 

(3) City Holiday Schedule for 2005. 

(4) 2004 Committee Assignments of continuing Board Members. 

(5) Market Median: January 99 through September 2004[PDF file, requires Adobe Acrobat Reader.]

(6) Final November 2004 election results.

b. Committee meeting announcements and reports. (Committee meetings will be held at the Rent Board Offices located at 2001 Center Street, 2nd Floor, Law Library unless otherwise noted.)

There were no committee meetings scheduled in the month of December.

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

10. Adjournment