RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, February 3, 2003
7 PM

APPROVED 


Item 1. Call to Order - Chairperson Anderson called the meeting to order at 7:02 p.m. Secretary Pam Wyche called the roll.

Commissioners Present: Alberti, Anderson, Chong, Evans, Hogarth, Payne, Siegel, Spector.

Commissioners Absent: Kavanagh

Staff present: Kelekian, Kelly, Wyche

Item 2. Approval of the Agenda - M/S/C (Siegel/Alberti) APPROVED AS WRITTEN WITH THE UNDERSTANDING THAT ITEMS WILL BE MOVED TO ACCOMMODATE APPEAL TIME CERTAIN. Voice vote. Passed: 8-0-0-1. Absent: Kavanagh.

Item 3. Public Forum - There was one speaker, Arthur Stopes III.

Item 4. Approval of Minutes - M/S/C (Evans/Alberti) APPROVED MINUTES OF THE JANUARY 6, 2003 REGULAR MEETING. Voice vote. Passed: 7-0-1-1. Abstain: Anderson; Absent: Kavanagh.

Item 6.a.(1) Recommendation to combine the Community Outreach and Education Committee and Student Outreach and Internship Committee into one committee. M/S/C (Chong/Hogarth) ACCEPT RECOMMENDATION WITH AMENDMENT TO REVIEW DECISION IN SIX MONTHS. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Payne, Siegel, Spector; No: None; Abstain: None; Absent: Kavanagh. Passed: 8-0-0-1.

Item 6.a.(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. M/S/C (Hogarth/Spector) TO ADOPT PROPOSAL TO AMEND SUBDIVISION (A)(2) OF REGULATION 1013 AS WRITTEN. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Payne, Siegel, Spector; No: None; Abstain: None; Absent: Kavanagh. Passed: 8-0-0-1.

Item 6.b.(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

M/S/C (Siegel/Chong) TO AFFIRM HEARING EXAMINERS' RECOMMENDATION ON ALL WAIVERS LISTED. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Payne, Siegel, Spector; No: None; Abstain: None; Absent: Kavanagh. Passed: 8-0-0-1.

Item 5.a. Appeal T-4168 - 2437 Piedmont Avenue, #305. Commissioners Evans and Siegel recused themselves. M/S/C (Alberti/Chong) TO REMAND TO HEARING EXAMINER TO DETERMINE THE NUMBER OF OCCUPANTS AT THE COMMENCEMENT OF TENANCY AT ISSUE. Roll call vote. Yes: Alberti, Anderson, Chong, Hogarth, Payne, Spector; No: None; Abstain: None; Absent: Kavanagh; Recused: Evans, Siegel. Passed: 6-0-0-3.

Item 5.b. Appeal T-4270 - 1702 University Avenue, #7. M/S/C (Chong/Evans) IF THE LANDLORD SIGNS A DECLARATION UNDER PENALTY OF PERJURY THAT SHE COULD NOT ATTEND THE HEARING BECAUSE HER CHILD WAS ILL, BOARD FINDS GROUNDS FOR CONTINUANCE. Roll call vote. Yes: Anderson, Chong, Evans, Hogarth, Payne, Siegel, Spector; No: None; Abstain: Alberti; Absent: Kavanagh. Passed: 7-0-1-1.

Substitute motion: M/S/F (Evans/Spector) TO AFFIRM HEARING EXAMINER'S DECISION. Roll call vote. Yes: Evans, Spector; No: Alberti, Anderson, Chong, Hogarth, Payne, Siegel; Abstain: None; Absent: Kavanagh. Failed: 2-6-0-1.

M/S/C (Alberti/Siegel) TO REMAND TO HEARING EXAMINER. Roll call vote. Yes: Alberti, Anderson, Chong, Hogarth, Payne, Siegel; No: Spector; Abstain: Evans; Absent: Kavanagh. Passed: 6-1-1-1.

Item 7.b. Information and Announcements

a. Reports and information from Board Members/staff.

(1) Commissioner Alberti announced a BCA Conference on Homelessness on March 9.

(2) Commissioner Chong announced the February 26 Poetry Slam with cash prizes to be held at Starry Plough, 3130 Shattuck Avenue, Berkeley.

b. Announcements of upcoming Committee Meetings:

(1) Budget and Personnel - Tuesday, February 18 at 5:30, 2001 Center, 2nd Floor, Law Library.

(2) New Combined Outreach Committee (see Item 6.a.(1) for details) Monday, February 24 at 6 p.m., 2001 Center, 2nd Floor Law Library.

(3) Eviction - Wednesday, February 19 at 6 p.m., 2001 Center, 2nd Floor, Law Library. 

(4) IRA/AGA - Thursday, February 13 at 5:30 p.m., 2001 Center, 2nd Floor, Law Library.

(5) Student Outreach and Internship - Combined with Community Outreach Committee (see Item 6.a.(1) for details and Item 7.b.(2) for meeting time.)

(6) 3x3 City Council/RSB Housing Committee - No meeting set.

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

Commissioner Chong made the following suggestions: Section 8 issues; Housing Conference; security deposits; ordinances and regulations on website; periodic eviction history reports prepared by staff.

Item 8. Adjournment M/S/C (Siegel/Hogarth) MOTION TO ADJOURN AT 9:47 P.M. Voice vote. Passed: 7-0-0-2. Absent: Anderson (left 9:35 p.m.), Kavanagh. In Commissioner Chair Anderson's absence, Commissioner Vice Chair Alberti adjourned the meeting at 9:47 p.m.