RENT STABILIZATION BOARD
Monday, February 3, 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 - 7 p.m.
2. Approval of Agenda
Please Note: The Board may rearrange items to accommodate time certain items.
3. Public Forum
4. Approval of the Minutes
Minutes of the January 6, 2003 regular meeting.
5. Appeals - Time Certain - 7:30 p.m.
a. Appeal T-4168 - 2437 Piedmont Avenue, #305. The hearing examiner determined that the base occupancy level of the subject unit was three tenants and that the landlord had refused to allow the tenant to bring in new roommates. A 66.6% rent reduction was granted. On appeal, the landlord does not contest the finding that the occupancy level of the unit had been reduced, but argues that the rent decrease should be calculated on an occupancy level of two, rather than three tenants because only two tenants occupied the subject unit at the commencement of the tenancy at issue. Regulation 1270(C) states that the rent reduction for a decrease in occupancy is to be calculated on the occupancy level established at the commencement of the tenancy if this level is below the unit's base occupancy level. Although the unit's base occupancy level was three, the level established at the beginning of the tenancy was two and therefore, a rent decrease of 50%, rather than 66.67% should have been granted. For this reason, staff recommends that the decision of the hearing examiner be modified to correct the calculation error.
b. Appeal T-4270 - 1702 University Avenue, #7. The hearing examiner ordered a refund of rent overcharges because appellant had collected illegally high rent and because there had been a decrease in services. On appeal, the landlord claims she had good cause for not appearing at the original hearing and asks for a new hearing. She also claims she had grounds for increasing the rent without first petitioning the Board and that the decrease in services was caused, in part, by the difficulty in gaining access to the subject unit to make repairs. Provided appellant makes an offer of proof, the Board should review the request for a new hearing and, if the evidence appellant offers to produce might result in a different decision being reached, should grant the request, otherwise, the decision of the hearing examiner should be affirmed.
6. Action Items
a. From Committees
(1) Recommendation to combine the Community Outreach and Education Committee and Student Outreach and Internship Committee into one committee. (Student Outreach)
(2) First reading of proposal to amend subdivision (A)(2) of Regulation 1013 to clarify that the "initial rent" for a rental unit is the market rent established by the parties at the commencement of the tenancy and that where the rental agreement includes periods for which the tenant pays reduced, discounted or "free" rent, the monthly market rent is calculated as the average of the monthly payments made during the initial term of the agreement or during the first twelve months of a month-to-month tenancy. (IRA/AGA)
b. From Executive Director
(1) Proposal to approve staff recommendation on the following request for waiver of late registration penalties.
Waiver No. Location
2794 1268 Alcatraz Avenue
2912 2525 Regent Street
2918 1431 Dwight Way
2923 2917 Shattuck Avenue
2927 1527 Fairview Street
2930 2240 Virginia Street
2931 1518 Grant Street
2937 1859 Alcatraz Avenue
2941 1103 Addison Street
2948 1640 Ashby Avenue
2951 1727-29 Delaware Street
2954 2910 Regent Street
2955 1877 Alcatraz Avenue
2957 2604 Mathews Street
2966 3030 Dohr Street
2970 19 Hillside Court
2973 2316 Ward Street
2977 2336 Channing Way
7. Information and Announcements
Please Note: The Board may move Information Items to the Action Calendar.
a. Reports and information from Board Members/staff.
(1) Appeal T-4252 - 1717 Parker St. #A (Continued from January 6, 2003 meeting). Administratively dismissed. After appealing the hearing examiner decision, petitioner informed the Board she did not wish to pursue the appeal. The Board continued the appeal hearing and instructed staff to inform petitioner of the consequences of dismissing the appeal. The consequences were explained to petitioner and she was given until January 21, 2003 to retract the request for dismissal. No retraction was filed. Therefore, the appeal is dismissed and the decision of the Hearing Examiner is the final decision of the Board.
(2) Update on the Budget process.
b. Committee meeting announcements and reports:
(2) Community Education and Outreach
(3) Eviction - Wednesday, February 19 at 6 p.m. at 2001 Center, 2nd Floor.
(4) IRA/AGA - Thursday, February 13 at 5:30 p.m. at 2001 Center, 2nd Floor.
(5) Student Outreach and Internship
c. Discussion of items for possible placement on future agenda material.