RENT STABILIZATION BOARD
Monday, March 18, 2002
2134 Martin Luther King Jr. Way
Council Chambers, Berkeley, CA.
Broadcast Live - KPFB - 89.3
BTV Cable Channel 25 and
CTV Cable Channel 78
1. Roll Call - 6:00PM Closed Session. 7:00PM Regular Meeting.
2. Closed Session - 6:00 PM
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Dezerega v. City of Berkeley Rent Stabilization Board [Meggs] Superior Court No. 2001-032280
James v. City of Berkeley Rent Stabilization Board [Estrada et al.] Superior Court No. 2002-043234
Hanerfeld v. City of Berkeley Rent Stabilization Board [Gillin] Court of Appeal No. A094733, Superior Court No. 8245513
3. Approval of the Agenda
4. Approval of the Minutes - Minutes of March 4, 2002 regular meeting.
5. Appeals - Time Certain - 7:30 PM
a. Appeal L-3676 - 1917 6th Street, #4 - The hearing examiner granted a Regulation 1280 historically low rent (HLR) adjustment and a Regulation 1270 increased occupancy rent adjustment. The tenants appeal the granting of these rent adjustments but present no grounds for modifying the decision of the hearing examiner. Therefore, staff recommends that the decision be affirmed.
b. Appeal T-4049 - 2102 B California Street - The landlord appeals a hearing examiner finding that the prior tenancy was terminated by a 30-day notice to quit and, therefore, the rent could not have been increased when the unit was rented to the petitioners. On appeal, the landlord argues that the notice to quit had been withdrawn before the prior tenants vacated the unit and that the decision is not supported by substantial evidence in the record. These arguments lack merit and it is recommended that the decision of the hearing examiner be affirmed.
6. Action Items
a. From Committees
(1) First reading of proposed amendment to Subdivision C of regulation 1270 to clarify that a "Policy," as used in the regulations, is any rule, course of conduct or intentional action by a landlord. (IRA/AGA)
(2) Second 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 13.76.130A.9b is not a tenancy for purposes of the relative's occupancy. (IRA/AGA)
(3) Proposal that the Board adopt a resolution authorizing the Executive Director to increase the purchase order with Inkworks Progressive Printing for the Fiscal Year 2001/2002 from $30,000 to an amount not to exceed $40,000. (Budget and Personnel)
(4) Presentation of Status Quo Budget. (Budget and Personnel)
b. From Executive Director
Report on status of Measure Y vacancies.
a. Reports from Board Members/Staff.
b. Announcements of upcoming Committee Meetings:
(1) Budget and Personnel
(2) Community Education and Outreach
(3) Eviction - Monday, March 25, 6PM at 2001 Center St., 2nd Floor
(5) Student Outreach and Internship - Thursday, April 4, 5PM in Senate Lounge, 2nd Floor, Eshleman Hall, UC Campus.
(6) 3x3 City Council/RSB Housing Committee
c. Housing Update TV show: How Tenants Can Get Repairs Made to their Units.
Monday, March 25, 7PM - Live on Cable Channels 25 and 78
Host: Marc Janowitz, Rent Board Commissioner
Guest: William Simpich, Tenants' Rights Attorney
d. List of publications announcing Executive Director position.
e. Discussion of items for possible placement on future agenda material.