RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, August 18, 2003
7 PM

APPROVED 

Item 1. Call to Order - Chair Anderson called the meeting to order at 6:08 p.m. in order to go into closed session. Secretary Pam Wyche called the roll. 

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

Commissioners Absent: Kavanagh, Payne 

Staff present: Kelekian, Tine, Wyche

Call to Order of Regular Meeting - Chair Anderson called the regular meeting to order at 7:20 p.m. 

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

Commissioners Absent: Payne 

Staff Present: Kelekian, Tine, Wyche

Item 2. Closed Session.

The Rent Board met in closed session pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the following pending cases: 

Hanerfeld v. City of Berkeley Rent Stabilization Board (Ziaeian)
Alameda County Superior Court No. RG03106423

Hanerfeld v. City of Berkeley Rent Stabilization Board,
Alameda County Superior Court No. 2001029283
Court of Appeal No. A103412

King v. City of Berkeley Rent Stabilization Board (Dai)
Alameda County Superior Court No. 2001-035396.

There was no reportable action taken.

Item 3. Approval of the Agenda - M/S/C (Evans/Siegel) APPROVED AS WRITTEN WITH THE UNDERSTANDING THAT ITEMS WILL BE MOVED TO ACCOMMODATE APPEAL TIME CERTAIN. Voice vote. Passed: 8-0-0-1. Absent: Payne.

Item 4. Public Forum - Two speakers: Michael Grunwald and Faramarz Nateghian.

Item 5. Approval of Minutes - M/S/C (Siegel/Spector) APPROVED MINUTES OF THE JULY 7, 2003 REGULAR MEETING. Voice vote. Passed: 7-0-1-1. Abstain: Hogarth; Absent: Payne.

Item 7.a.(2) That the Board adopt second 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/Evans) TO ADOPT SECOND READING TO AMEND REGULATION 1269 AS WRITTEN. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh, Siegel, Spector; No: None; Abstain: None; Absent: Payne. Passed: 8-0-0-1.

Item 7.a.(3) That the Board adopt first 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. M/S/C (Siegel/Chong) TO ADOPT FIRST READING TO REPEAL REGULATION 1239. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh, Siegel, Spector; No: None; Abstain: None; Absent: Payne. Passed: 8-0-0-1.

Item 6.b. Appeal T-4315 - 834 Bancroft Avenue, B. M/S/C (Hogarth/Spector) TO REMAND TO HEARING EXAMINER IN ORDER TO ACHIEVE SOME KIND OF CONSISTENCY WITH THE HEARING EXAMINER'S DECISION AND WHAT WAS IN THE NOTICE OF INVESTIGATION CONCERNING THE FOLLOWING HABITABILITY ISSUES: 1. Lack of use of heater; 2. Mold in bathroom and bedroom; 3. Faulty window slider; and 4. To determine the starting date for a rent reduction for removal of security bars.

TO UPHOLD THE REMAINDER OF THE HEARING EXAMINER'S DECISION WITH THE FOLLOWING CHANGES:

1. Kitchen Stove: To conform to legal staff recommendation to correct a clerical error in the calculation which would increase the reduction.

2. Missing exhaust fan filter: To grant a 2% rent reduction for the month of July 2002.

3. Damaged living room carpet: To modify the starting date of the 4% reduction from June 2003 back to September 2002.

4. Space between the patio door and frame: To increase reduction amount from 1.5% to 5%.

5. Removal of security bars: To grant a 5% reduction from the time the landlord removed the bars until replaced. 

Friendly amendment by Commissioner Evans and accepted by Commissioner Hogarth: to grant a 5% reduction from the time the security bars were removed until they are replaced with code compliant bars and to remand the starting date of the rent reduction to Hearing Examiner. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh, Siegel, Spector; No: None; Abstain: None; Absent: Payne. Passed: 8-0-0-1.

Item 6.c. Appeal T-4352 - 1176 University Avenue, #101. M/S/C (Chong/Siegel) TO AFFIRM LEGAL STAFF'S RECOMMENDATION. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh, Siegel, Spector; No: None; Abstain: None; Absent: Payne. Passed: 8-0-0-1.

Item 7.a.(1) Waiver for reconsideration. Proposal that the Board review their May 5, 2003 decision on the following waiver for reconsideration.

Waiver No.      Location

3026                  2431 College Avenue

M/S/C (Alberti/Chong) TO RECONSIDER BOARD'S MAY 5, 2003 DECISION AND AFFIRM HEARING EXAMINER'S ORIGINAL DECISION TO WAIVE 80% PENALTIES. Voice vote. Yes: Alberti, Anderson, Hogarth, Kavanagh, Spector; No: Evans; Abstain: None; Absent: Payne, Chong and Siegel (stepped out). Passed: 5-1-0-3.

Item 8.b. Announcements of upcoming Committee Meetings: (All committee meetings held at Rent Board Offices, 2001 Center Street, 2nd Floor Law Library unless otherwise noted.) 

(1) Budget and Personnel: Wednesday, August 27, 2003 at 5:30 p.m. 

(2) Outreach Committee: TBA 

(3) Eviction: No meeting set. 

(4) IRA/AGA: Tuesday, September 16 at 5:30 p.m. 

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

a. Item 8.c. Discussion of items for placement on future agenda material. Commissioner Hong requested a presentation by staff on the purpose and goals of the newly formed Section 8 Ad Hoc Committee. b. c. 

Item 9. Adjournment.  Chair Anderson adjourned the meeting at 9:38 p.m.