RENT STABILIZATION BOARD
Regular Meeting

Monday, April 1, 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 - 7:00PM

2. Approval of the Agenda

3. Public Forum

4. Approval of the MinutesMinutes of March 18, 2002 regular meeting.

5. Appeals - Time Certain - 7:30 PM

a. Appeal T-3988 - 1413 66th Street, B - The landlord appeals the hearing examiner's finding that he did not refund petitioner's security deposit when petitioner elected not to rent the landlord's apartment. On appeal, the landlord asserts that the money was refunded and that contradictory statements made at the hearing do not prove otherwise. Review of the record establishes that there is substantial evidence to support the finding. For this reason, it is recommended that the decision of the hearing examiner be affirmed.

b. Appeal T-4057 - 2534 Piedmont Avenue, #4 - This is an appeal of a hearing examiner decision that awarded rent reductions for the duration of a gas leak and broken water main. On appeal the landlord contends that he was entitled to a reasonable time to make repairs and that the lease required the tenants to pay rent while the defects were being fixed. The California Supreme Court, however, has held that a rent reduction is appropriate whenever a rental unit is uninhabitable, even if the defect is promptly corrected. For this reason, staff recommends that the decision of the hearing examiner be affirmed.

6. Action Items

a. From Committees

Second 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)

b. From Executive Director

(1) Measure Y monitoring follow up report.

(2) At its meeting of March 12, 2002, the City Council established a policy that Council public hearings shall not start after 10:00 p.m. In addition, Council referred the implementation of such a policy by all commissioners to all boards and commissions and a report to Council. The City Clerk has requested that this item be placed on all board and commission agendas for consideration with a report back to Council as soon as possible.

(3) Discussion of proposed additional costs for Fiscal Year 2002/2003 Budget.

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

Waiver No.    Location
2765               1147-51 Oxford Street
2777               1524 Milvia Street
2786               2041 Lincoln Street
2806               1316 MLK Jr. Way
2808               1951 Acton Street
2809               2111 Ashby Avenue
2810               1919 Dwight Way
2811               1319 Rose Street
2812               1329 Rose Street
2813               1431 67th Street
2814               1526 Woolsey Street
2815                 838 Bancroft Way
2817                 168 Southampton Avenue
2818               2918 Harper Street
2819               3237 California Street
2821               2323 Hearst Avenue
2831               2413 8th Street

7. Announcements

a. Reports from Board Members/Staff.

b. Announcements of upcoming Committee Meetings:

(1) Budget and Personnel
(2) Community Education and Outreach
(3) Eviction - Monday, April 8, 6PM at 2001 Center, 2nd Floor
(4) IRA/AGA
(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. Discussion of items for possible placement on future agenda material.

8. Adjournment