RENT STABILIZATION BOARD
Thursday, January 24, 2002
2134 Martin Luther King Jr. Way
Council Chambers, Berkeley, CA.
Broadcast Live - KPFB - 89.3
C-TV Cable Channel 78
1. Roll Call - 7:00PM
2. Approval of the Agenda
3. Public Forum
4. Approval of the Minutes
Minutes of the January 7, 2002 regular meeting.
5. Appeals - Time Certain - 7:30 PM
a. Appeal T- 3872 - 1874 Fairview Street, B - In this appeal, the tenants' challenge the Board's interpretation of the Petris Act (Civil Code sections 1947.7 and 1947.8) that controls the restoration of annual general adjustments (AGA's). The tenants contend that AGA's cannot be restored until all rent overcharges have been refunded, including overcharges that the owner was unaware of and for which no claim for a refund has been made. The tenants also contend that a 30-day notice of rent increase must be given before an AGA can be restored. Finally, the tenants claim the rent reductions granted for violations of the implied warranty of habitability should be greater. Staff recommends that the rent decrease for a missing handrail in the stairway be increased from 5% to 10%, but that the decision of the hearing examiner otherwise be affirmed.
b. Appeal T-3893/L-3620 - 3055 Shattuck Avenue, Lower - The landlord and tenant appeal the hearing examiner decision that awarded rent overcharges for several defects on the property and denied a rent increase for capital improvements. On appeal, the tenant seeks an additional award of overcharges because she was temporarily prevented from getting a roommate. The landlord claims that rent overcharges should not have been awarded for minor defects in the unit and that capital improvement rent increases should have been granted for repair work done in the unit. Staff recommends that the rent overcharge calculation be modified to reduce the award by approximately $54.00 but that the decision of the hearing examiner is otherwise affirmed.
6. Action Items
a. From Committees
(1) First reading of proposal to amend Regulation 508 to conform to recent amendment to Civil Code Section 1954.52 (Costa-Hawkins) enacted by SB 985 that restricts the exemption for condominium units to only such units that have been sold separately by the subdivider to a bona fide purchaser for value. (IRA/AGA Committee)
(2) Proposal that the Board adopt a resolution to amend the Executive Director's contract to clarify the terms of her employment pending the hiring of a new Executive Director and to give more flexibility in ending date. (Budget & Personnel Committee).
b. From Executive Director
(1) Proposal that the Board adopt a Resolution thanking Cesar Cruz for his dedicated service to the Board's outreach programs including video taping and contacts with tenants in problem buildings.
(2) Report on proposed schedule for adopting the budget for Fiscal Year 2002-2003 and update on status of budget for FY 2001-2002.
a. Reports from Board Members/Staff.
b. Announcements of upcoming Committee Meetings:
(2) Community Education and Outreach
(4) Individual Rent Adjustment/ Adjustment
(5) Student Outreach and Internship - Thursday, January 31, 6PM, UC campus.
(6) 3x3 City Council/RSB Housing Committee
c. Discussion of items for possible placement on future agenda material.