RENT STABILIZATION BOARD
Thursday, September 4, 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. Closed Session - 7:05 p.m.
CONFERENCE WITH LEGAL COUNSEL - Existing Litigation (Subdivision (a) of Section 54956.9 of the Government Code)
King v. City of Berkeley Rent Stabilization Board (Dai)
Alameda County Superior Court No. 2001-035396
3. Approval of Agenda
The Board may rearrange items to accommodate time certain items.
4. Public Forum
5. Approval of the Minutes
Minutes of the August 18, 2003 regular meeting.
6. Appeal - Time Certain - 7:30 p.m.
a. Appeal T-4200, 1705 62nd St. The tenant appeals a finding that she failed to prove that there is an on-going problem with the plumbing in her unit. A review of the record establishes that the evidence petitioner submitted, a picture of soap suds in a bathtub, is insufficient to establish the existence of a plumbing problem, especially when a Housing Inspector inspected the unit and reported no problem. Staff recommends that the decision of the hearing examiner be affirmed.
b. Appeal T-4236 - 2009 McGee Ave. #4 This is a tenant appeal of a hearing examiner's finding that they failed to establish entitlement to rent reductions for mold in their unit and for a problem with a soft spot in the bathroom floor. While this petition was pending, the owner brought an unlawful detainer action against the tenants for nonpayment of several months rent. The tenants raised the warranty of habitability as an affirmative defense and, thereby, placed the issue of whether rent reductions were warranted for the habitability problems before the court. The court ruled that no rent reductions were in order and awarded possession and unpaid rent to the owner. Because the court issued a decision on the habitability issues, the doctrine of res judicata prohibits the relitigation of these issues in a Rent Board proceeding. For this reason, it is recommended that the decision of the hearing examiner be affirmed.
7. Action Items
a. From Committees and the Executive Director
(1) Recommendation that the Board adopt a resolution approving a revised Records Retention Schedule in compliance with the City Records Management Program. (Executive Director)
(2) Second reading of proposal to repeal Regulation 1239 to eliminate the requirement that the amount of a rent adjustment granted not exceed the amount requested in the rent adjustment petition. (IRA/AGA Committee)
(3) Recommendation that the Board adopt a resolution authorizing the Executive Director to extend the agreement with the City of Berkeley Housing Department whereby the Board will pay the Housing Department no more than $10,000 in the 2003/04 fiscal year to continue to monitor the contract compliance of the Board's community agency service providers. (Executive Director)
8. Information and Announcements
The Board may move Information Items to the Action Calendar.
a. Reports and information from Board Members/staff.
(1) Correspondence related to Decision on Appeal in T-4215
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) Agenda of August 27th Meeting
(a) Agenda of August 20th Meeting
(4) IRA/AGA - Next meeting: Tuesday, September 16 at 5:30 p.m.
(5) 3 x 3
c. Discussion of items for possible placement on future agenda material