RENT STABILIZATION BOARD
Regular Meeting

Monday, December 1, 2003
7 p.m.

North Berkeley Senior Center
1901 Hearst Avenue
Berkeley, CA 94704

Will be audio recorded -- No broadcast this meeting

AGENDA

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 November 17, 2003 regular meeting.

5. Appeal - Time Certain - 7:15 p.m.

Appeal L-3749; 1647 Harmon Street. The landlord appeals the hearing examiner's decision granting rent adjustments of $843.16.  Specifically, the landlord claims that additional adjustments should have been granted and that phasing-in the adjustments at a rate of 15% per year denies her a fair return.  A review of the record establishes that the rent adjustments were correctly calculated. In addition, the California Supreme Court has stated that annual limits on capital improvement rent adjustments are allowable, provided the landlord is able to operate successfully.  Here, no showing was made that the landlord could not operate successfully.  For these reasons, staff recommends that the decision of the hearing examiner be affirmed.

6. Action Items

a. From Committee and the Executive Director

(1) Proposal to approve 2004 Calendar Year Rent Stabilization Board meeting schedule [PDF file, requires Adobe Acrobat Reader] (Executive Director)

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

90-Day Administrative Waivers (informational only)

The Board will be presented the list of 243 properties, totaling $121,636 in penalties that have been administratively waived in accordance with Regulation 883.

Ministerial Waivers

Waiver No.     Property Address
3078                1507 Russell Street

Discretionary Waivers

Waiver No.      Property Address
3071                 1511-15 Milvia Street 
3077                 2030 Essex Street 
3085                 3207 Ellis Street 
3086                 2331 9th Street 
3087                   804 Allston Way 
3088                 2207 5th Street 
3089                 2824 10th Street 
3093                 1606 Tyler Street 
3095                 2912-14 Harper Street 
3101                 2122 Dwight Way 
3104                 2331 Sacramento Street

(3) Resignation of Board Member Siegel and the process for selecting a replacement. (Executive Director)

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) Recent addition to the Rent Board family 

(2) Annual General Adjustment mailing to Berkeley landlords and tenants 

(3) Community Development Block Grant (CDBG) and Emergency Shelter Grant (ESG) FY 2004/05 Request for Proposals (RFP)

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.)

(1) Budget/Personnel 

(2) Outreach 

(3) Eviction 

(4) IRA/AGA - Next meeting: Thursday, December 11, 2003 

(5) 3 x 3

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

8. Adjournment