RENT STABILIZATION BOARD
Regular Meeting

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

2134 Martin Luther King Jr. Way
Council Chambers, Berkeley, CA.
Broadcast Live - KPFB - 89.3
BTV Cable Channel 25 and
CTV Cable Channel 78

AGENDA

1. Roll Call - 7:00 PM

2. Approval of the Agenda

3. Public Forum

4. Approval of the Minutes

Minutes of the February 4, 2002 regular meeting.

5. Appeals - Time Certain - 7:30 PM

a. Appeal T-3995 - 2227 Bonar Street, Unit H - In a prior decision on appeal involving several other units on the property, the Board determined that the landlord's collection of rent in excess of the lawful rent ceiling was a good faith error that did not render the landlord ineligible for AGA's. In this case, the hearing examiner followed the Board's prior decision and found the landlord eligible for 1993-2001 AGA's. On appeal, the tenant claims the cases are different and that the hearing examiner erred when she followed the Board's prior decision. The tenant also contends that security deposit interest should have been awarded and that the rent reductions granted for the deteriorated condition of the unit should have been greater. Staff recommends that the decision be modified to more accurately reflect the Board's prior decision on appeal and to limit rent overcharges to those paid on or before the hearing. In all other respects, the decision should be affirmed.

b. Appeal T-4051 - 1737 Virginia Street, #34 - The hearing examiner found that the master tenant charged the subtenant more than the subtenant's proportional share of the rent. The master tenant appealed the decision on the ground that the hearing examiner's findings are not supported by evidence in the record. A review of the record, however, indisputably establishes that there is substantial evidence in it to support the findings of the hearing examiner. Accordingly, staff recommends that the decision of the hearing examiner be affirmed.

c. 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.

6. Action Items

a. From Committees

(1) First reading of proposed amendment to Regulation 1013 to provide that the occupancy of a rental unit by a landlord's relative following recovery of possession of the unit pursuant to B.M.C. section 13.76.130.A.9b is not a tenancy for purposes of establishing an initial rent for the first tenancy following termination of the relative's occupancy.

(2) Primary discussion of the proposed Budget for Fiscal Year 2002/2003. (Budget and Personnel)

b. From Executive Director

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

Waiver Number      Location
2772                          1428 67th Street
2773                          2922 Dohr Street
2789                          1412 Delaware Street
2791                          1522 Francisco Street
2792                          1401 Bancroft Way
2793                          2232 Russell Street
2797                          2920 Benvenue Avenue
2798                          3249 Adeline Street
2800                          1305 66th Street
2802                          1538 Parker Street
2805                          2814 Kelsey Street
2807                          1465 Bancroft Way
2820                            616 San Miguel Avenue

7. Announcements

a. Reports from Board Members/Staff.

b. Announcements of upcoming Committee Meetings:

(1) Budget/Personnel - Monday, March 11, 6 PM at 2001 Center, 2nd Flr.
(2) Community Education and Outreach
(3) Eviction - Monday, March 25, 6 PM at 2001 Center, 2nd Flr.
(4) Individual Rent Adjustment/ Adjustment
(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