RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, July 7, 2003
7 PM

APPROVED

Item 1. Call to Order - Chair Max Anderson called the meeting to order at 7:08 p.m.

Commissioners Present: Alberti, Anderson, Chong, Evans, Kavanagh, Payne, Siegel, Spector 

Commissioners Absent: Hogarth 

Staff Present: Kelekian, Kelly, Wyche

Item 2. Approval of the Agenda - M/S/C (Siegel/Alberti) APPROVED AS WRITTEN. Voice vote. Passed: 8-0-0-1.

Item 3. Public Forum - There were no speakers.

Item 4. Special Order of Business - Presentation by Christine Minnehan, Rent Board Lobbyist.

Item 5. Approval of the June 16, 2003 Minutes - M/S/C (Kavanagh/Payne). APPROVED AS WRITTEN. Voice vote. Passed: 8-0-0-1. Absent: Hogarth.

Item 6.a. Appeal T-4215 - 1647 Harmon Street, #1 - M/S/F (Siegel/Evans) TO CHANGE THE REDUCTION IN RENT FOR THE MICE PROBLEM TO 5% AND FOR THE HOLE IN THE WALL TO 3% AND ADOPT LEGAL STAFF RECOMMENDATION, WITH AN ADDITIONAL FINDING THAT THE AMENDED COMPLAINT RELATES BACK TO THE JANUARY 25, 2002 FILING DATE OF THE ORIGINAL COMPLAINT FOR THE PURPOSES OF APPLYING REGULATION 1271(E). Roll call vote. Yes: Anderson, Evans, Siegel, Spector; No: None; Abstain: Alberti, Chong, Kavanagh, Payne; Absent: Hogarth. Failed: 4-0-4-1.

M/S/C (Spector/Alberti) TO ACCEPT LEGAL STAFF RECOMMENDATION WITH AN ADDITIONAL FINDING THAT THE AMENDED COMPLAINT RELATES BACK TO THE JANUARY 25, 2002 FILING DATE OF THE ORIGINAL COMPLAINT FOR THE PURPOSES OF APPLYING REGULATION 1271(E). Roll call vote. Yes: Alberti, Anderson, Evans, Kavanagh, Payne, Siegel, Spector; No: Chong; Abstain: None; Absent: Hogarth. Passed: 7-1-0-1.

Item 6.b. Appeal RWN-1395 - 2709 Derby Street - M/S/C (Chong/Payne) TO CONTINUE TO NEXT REGULAR BOARD MEETING. Voice vote. Passed: 8-0-0-1 Absent: Hogarth.

Item 7.a.(1) That the Board adopt first reading of proposal to Amend Subdivision (B)(1) of Regulation 1269 to provide that, in addition to being entitled to a rent decrease where a landlord decreases the housing services or living space provided on May 31, 1980, a pre-Costa-Hawkins tenant may receive a decrease in the rent ceiling where the landlord causes a decrease in any additional housing services or living space from that which was provided at the beginning of the tenancy pursuant to the rental agreement. [PDF file, requires Adobe Acrobat Reader.] M/S/C (Siegel/Spector) TO ADOPT FIRST READING TO AMEND SUBDIVISION (B)(1) OF REGULATION 1269. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Kavanagh, Payne, Siegel, Spector; No: None; Abstain: None; Absent: Hogarth. Passed: 8-0-0-1.

Item 7.a.(2) That the Board adopt a resolution which establishes a procedure for cases in which a party files a full and complete appeal within the time limitations outlined in Regulation 1242(C) but fails to include adequate payment or request a waiver of the filing fee [PDF file, requires Adobe Acrobat Reader.] M/S/C (Siegel/Evans) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Kavanagh, Payne, Siegel, Spector; No: None; Abstain: None; Absent: Hogarth. Passed: 8-0-0-1.

Item 7.a.(3) That the Board authorize the Executive Director to execute a contract with Kenneth Baar to prepare the yearly study of apartment operating costs for the 2004 Annual General Adjustment (AGA) process in an amount no to exceed $10,000 [PDF file, requires Adobe Acrobat Reader.] M/S/C (Alberti/Siegel) TO AUTHORIZE EXECUTIVE DIRECTOR TO EXECUTE A CONTRACT WITH KENNETH BAAR. Voice vote. Passed: 8-0-0-1 Absent: Hogarth.

Item 8.b. Announcements of upcoming Committee Meetings:

(1) Budget and Personnel - No meeting scheduled. 

(2) Outreach - Wednesday, August 20 at 6 p.m. 

(3) IRA/AGA - Tuesday, July 15 at 5:30 p.m. 

(4) Eviction - No meeting scheduled. 

(5) 3x3 City Council/RSB Housing Committee - No meeting scheduled.

Item 9. Adjournment - M/S/C (Siegel/Albert) MOTION TO ADJOURN. Voice vote: Passed 8-1 Absent: Hogarth. Chair Anderson adjourned meeting at 9:43 p.m.