RENT STABILIZATION BOARD
Monday, January 6, 2003
2134 Martin Luther King Jr. Way
Council Chambers, Berkeley, CA.
Broadcast Live - KPFB - 89.3 FM
BTV Cable Channel 25 and
CTV Cable Channel 78
1. Roll Call - 6:00 p.m. Closed Session; 7 p.m. Regular Meeting
2. Closed Session - 6:00 p.m.
Item 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code)
(a) Dezerega v. City of Berkeley Rent Stabilization Board (Meggs)
Superior Court No. 2001-032280; Court of Appeals Nos. A100583, A100054
(b) Other cases for discussion:
Hanerfeld v. City of Berkeley Rent Stabilization Board (Gillin)
Superior Court No. 824551-3; Court of Appeal No. A094733
Ward v. City of Berkeley Rent Stabilization Board (Urge)
Superior Court No. 816835-5
Berkeley Property Owners Association v. City of Berkeley Rent Stabilization Board
Superior Court No. 831986-1
Zaidi v. City of Berkeley Rent Stabilization Board (McGuinness)
Superior Court No. 841319-8
Hanerfeld v. City of Berkeley Rent Stabilization Board
Superior Court No. 2001-029283
King v. City of Berkeley Rent Stabilization Board (Dai)
Superior Court No. 2001-035396
James v. City of Berkeley Rent Stabilization Board (Estrada)
Superior Court No. 2002-043234
James v. City of Berkeley Rent Stabilization Board (Segoviano) Superior Court No. 2002-048040
Manazadani v. City of Berkeley Rent Stabilization Board
Superior Court No. 2002-2054558
Mutnick v. City of Berkeley Rent Stabilization Board
Superior Court No. 2002-063704
Valiyee v. City of Berkeley Rent Stabilization Board
Superior Court No. 2002-070999
Ong v. City of Berkeley Rent Stabilization Board (Darksmith)
Superior Court No. 2002-072014
Hanerfeld v. City of Berkeley Rent Stabilization Board (Ziaeian)
Petition for Writ of Administrative Mandate
Item 2. PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code section 54957) Title: Chief Counsel
3. Approval of the Agenda
Please Note: The Board may rearrange items to accommodate time certain items.
4. Public Forum
5. Special Year-End Report by Tom Brougham, Senior Management Analyst, on past performance and future plans of the Public Information and Registration Units.
6. Approval of the Minutes
Minutes of the December 16, 2002 regular meeting.
7. Appeals - Time Certain - 7:30 p.m.
a. Appeal T-4180 - 1931 Berryman Street, #302. (Continued from November 18, 2002). The tenant appeals the hearing examiner decision that found the landlord had not overcharged rent and was eligible for AGA'S. On appeal, the tenant claims he has additional evidence that was not presented because he believed the original hearing was going to be continued and his witness did not appear. The tenant also complains that no decision was made regarding his request for a rent reduction because he no longer has access to the roof of his apartment building. However, the tenant told the hearing examiner what his witness would have testified to had he appeared at the hearing. Therefore, because the evidence was presented, although indirectly, at the original hearing, there is no need to remand the petition for an additional hearing. Also, no evidence was presented to establish that use of the roof was a base year housing service. For this reason, it is recommended that the decision of the hearing examiner be affirmed.
b. Appeal T-4252 - 1717 Parker St. #A. This is an appeal of a hearing examiner decision that found that the behavior of the landlord's brother and the landlord's apparent inability to control his brother's behavior did not provide grounds for a rent reduction. On appeal, the tenant reiterates that the landlord's brother continues to violate a restraining order she has had issued against him. The tenant also claims that, by not controlling his brother, the landlord has intentionally caused her emotional distress. The remedy for these complaints is in the courts, not with the Rent Board. For this reason, it is recommended that the decision of the hearing examiner be affirmed.
8. Action Items
a. From Executive Director
(1) Proposal to approve staff recommendation on the following request for waiver of late registration penalties.
Waiver No. Location
2883 1426-28 Stannage Ave./
1151 Page Street
2904 3123 King Street
2905 2030 Essex Street
2906 1180 University Avenue
2908 3051 Dohr Street
2913 1656 Russell Street
2914 1909 Berkeley Way
2915 1616 Berkeley Way
2916 2911 Martin Luther King Way
2917 2323 Hearst Avenue
2919 2430 Bancroft Way
2920 1636 - 8th Street
2921 2523 Ridge Road
2922 1540 Prince Street
2929 1804 - 62nd Street
2935 1820 Hearst Avenue
2936 853 Cedar Street
(2) Proposal that the Board adopt a resolution authorizing the Executive Director to execute an amendment to the contract with Housing Rights, Inc., changing the scope of services to implement a Habitability Project and increasing the contract in an amount not to exceed $20,000.
b. Ceremonial from Board and Staff - Staff and Commissioners pay tribute Marjorie Gelb.
Proposal that the Board pass a resolution commending Marjorie Gelb for her outstanding performance as Chief Counsel and Executive Director of the Rent Stabilization Board.
9. Information and Announcements
Please Note: The Board may move Information Items to the Action Calendar.
a. Reports and information from Board Members/staff.
b. Announcements of upcoming Committee Meetings:
(2) Community Education and Outreach - Thursday, January 9 at 6:25 p.m. 2125 Milvia, Hearings Room.
(3) Eviction - Monday, January 13 at 6 p.m. 2001 Center, 2nd Floor Law Library.
(5) Student Outreach and Internship - Wednesday, January 15 at 6 p.m. 2001 Center, 2nd Floor Law Library.
(6) 3x3 City Council/RSB Housing Committee
c. Discussion of items for possible placement on future agenda material.