RENT STABILIZATION BOARD
Monday, April 21, 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 - 7:00 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 April 7, 2003 regular meeting.
5. Appeal - Time Certain - 7:30 p.m.
Appeal T-4324: 1603 Alcatraz Avenue. Tenant/petitioners filed a petition to recover overcharges paid for the rental of a unit petitioners shared with six or seven other tenants. Petitioners began withholding rent prior to filing the petition. Following the hearing, the landlord requested that the rent be paid into a Board created escrow account. After initially denying the request, the hearing examiner issued an order directing petitioners to pay future rent into a Board controlled escrow account. The stated reason for the creation of the account was to insure proper distribution of overcharges to the non-petitioning tenants. Petitioners appealed the order. Upon review, staff recommended that the escrow order be affirmed.
6. Action Items
a. From Executive Director
(1) Proposal to approve staff recommendations on the following request for waiver of late registration penalties.
Waiver No. St. No. St. Name
2924 1327 Haskell Street
2943 2508 Hillegass Avenue
2978 1730 Curtis Street
2979 1925 Russell Street
2984 1543 Fairview Street
2987 66 Panoramic Way
2989 1709 Dwight Way
2990 1642 10th Street
3003 1415 Josephine Street
3005 1641 Julia Street
3015 1934 Stuart Street
3016 1338 Kains Avenue
3017 2665 Shasta Road
3018 1911 MLK Jr. Way
3019 1434 6th Street
3039 1530 University Avenue
3047 914 Delaware Street
3052 1328 Burnett Street
(2) First reading on proposal to amend Regulations 524 and 525 [PDF file, requires Adobe Acrobat Reader]:
(a) Regulation 524 to clarify that the rent ceiling limitations of Rent Stabilization Ordinance are intended to apply to units rented for residential use by a "tenant in occupancy" and do not apply to rental units that are kept primarily for secondary occupancy, such as a pied-a-terre or a vacation home, or for non-residential use, such as commercial or storage; and
(b) Regulation 525 to provide a procedure by which a landlord may seek a determination from the Rent Board that a unit is not being occupied by a "tenant in occupancy."
(3) First reading on proposal to amend Regulation 880, which establishes the due date for the payment of registration fees. [PDF file, requires Adobe Acrobat Reader]
7. Budget Workshop, discussion and possible action.
a. Update on the status of Fiscal Year 2003 Budget. (Executive Director)
b. Proposal that the Board adopt a resolution revising the operational spending level and annual appropriation amount for Fiscal Year 2002/2003 from $2,789,176 to $2,950,000. (Budget and Personnel Committee)
c. Overview and discussion of the proposed budget and registration fee for Fiscal Year 2004. (Executive Director and Budget and Personnel Committee) (To be distributed.)
8. Information and Announcements
Please Note: The Board may move Information Items to the Action Calendar.
a. Reports and information from Board Members/staff.
(1) Staff participation in Tenants Rights week, Earth Day and Cinco De Mayo events.
(2) April 15, 2003 informational mailing to owners.
(3) Copy of April 7, 2003 memorandum to City of Berkeley Budget Manager, Paul Navazio responding to Council inquiry on the number and type of units under rent control.
(4) Copy of April 17, 2003 memorandum to Commissioner Kavanagh on City-wide average and median rents.
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.)
(a) Minutes (unapproved): Thursday, April 10.
(2) Combined Outreach
(a) Next Meeting: Wednesday, April 30 at 6 p.m.
(a) Agenda: Tuesday, April 22 at 5:30 p.m.
(b) Unapproved minutes: Thursday, February 13, 2003.
(5) 3 x 3
c. Discussion of items for possible placement on future agenda material