RENT STABILIZATION BOARD
Regular Meeting

Monday, February 4, 2002
7:00p.m.

2134 Martin Luther King Jr. Way
Council Chambers, Berkeley, CA.
Broadcast Live - KPFB - 89.3
C-TV Cable Channel 78

AGENDA

1. Roll Call - 7:00PM

2. Approval of the Agenda

3. Public Forum

4. Approval of the Minutes

a. Minutes of the January 7, 2002 regular meeting.

b. Minutes of the January 24, 2002 regular meeting.

5. Appeals - Time Certain - 7:30 PM 

a. Appeal T-3765 - 2223 and 2227 Bonar Street - In the original decision on these petitions, the hearing examiner granted various rent reductions including a reduction until the landlord "refurbished" the subject units. The Board remanded the petition to the hearing examiner with instructions to clarify what needed to be done to "refurbish" each rental unit and clarify when the reduction for deteriorated floors in two units ended. Both the landlord and tenant appealed the hearing examiner's decision on remand. The appeals identify a clerical error in the Board's Decision on Appeal but provided no basis for modifying the hearing examiner's decision on remand. Therefore, staff recommends that the clerical error be corrected and the decision on remand be affirmed.

b. Appeal T-3798 - 2620 Stuart Street, #4 - This is an appeal of a compliance hearing decision that the tenant needed to refund $1,432.31 of the money she received from the landlords to comply with the Board's Appeal Decision in this matter. On appeal, the tenant claims the compliance decision raised her rent without the required 30-day notice of increase and that the landlord is not in compliance with the appeal decision because she is not allowed to store bicycles in the garage. The tenant also claims the Board should not enforce its Appeal Decision, but should reinstate the hearing examiner decision. There is no factual or legal support for these claims. Therefore, staff recommends that the decision of the hearing examiner be affirmed.

6. Action Items

a. From Committees

(1) Proposal that the Board adopt a resolution to reinstate the position of Administrative Staff Assistant, on a temporary basis, until the position currently classified as Assistant Management Analyst and occupied by Pam Wyche can be upgraded to Associate Management Analyst. (Budget & Personnel Committee).

b. From Executive Director

(1) Second 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.

(2) Discussion of a schedule for writing and passing the Budget for FY 2002/2003; designation of public hearing date for setting budget and fee.

(3) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties.

Waiver No.      Location
2723                 2910 King Street
2735                 2319 College Avenue
2749                 2700 Channing Way
2757                 1457 Walnut Street
2759                   950 Bancroft Way
2771                 2728 Derby Street
2774                 2330 Webster Street
2780                 1500 Campus Drive
2781                 2720 College Avenue
2783                 2609 San Pablo Avenue
2784                 1115 Dwight Way
2785                 1924 Haste Street
2790                 1819 Carleton Street
2795                 2700 Sacramento Street
2799                 1474 7th Street
2801                 2341 Ellsworth Street

(4) Proposal to cancel the February 21, 2002 regular Board meeting.

7. Announcements

a. Reports from Board Members/Staff.

b. Announcements of upcoming Committee Meetings:

(1) Budget/Personnel - Next meeting will be in March
(2) Community Education and Outreach
(3) Eviction - Monday, February 25 at 6PM in Law Library at 2001 Center, 2nd Floor
(4) Individual Rent Adjustment/ Adjustment - Monday February 11 at 6PM in Law Library at 2001 Center, 2nd Floor
(5) Student Outreach and Internship
(6) 3x3 City Council/RSB Housing Committee

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

8. Adjournment