RENT STABILIZATION BOARD
Regular Meeting

Monday, June 17, 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. Closed Session - 6:00 PM

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government code.)

Berkeley Property Owners Association v. City of Berkeley Rent Stabilization Board
Alameda County Superior Court Number 831986-1

3. Approval of the Agenda

4. Public Forum

5. Approval of June 3, 2002 Minutes 

6. Special Order of Business

a. Presentation of a resolution to Sandra Pardo in appreciation of her outstanding outreach and counseling service to the tenants and landlords in the Berkeley community during her employment as a Community Services Specialist for the Berkeley Rent Stabilization Board.

b. Election of Vice Chair.

7. Appeals - Time Certain - 7:30PM

a. Appeal T-3988 - 1413 66th Street, B. (Continued from April 1, 2002 meeting). The issue in this case is whether appellant refunded a $1,100 security deposit when petitioner chose not to rent the subject unit. The matter was continued to allow legal staff to determine the status of a court action filed to recover the same money and a cross-complaint filed by the owner. In Small Claims court, petitioner was awarded a net total of $700. The matter was appealed to the Superior Court but neither party appeared at the hearing and the case was dropped from the court's calendar. No further action has been taken. The court decision is a more extensive resolution of the dispute between the parties than the Board decision. Therefore, it is recommended that the Board leave the resolution of this matter with the civil courts by dismissing the appeal and vacating the hearing examiner decision.

b. Appeal T-4076 - 1721 Martin Luther King Jr. Way, #3 (Continued from June 3, 2002 meeting). The tenants appeal a finding that there is insufficient evidence in the record to establish that the subject unit was rented in 1980. A review of the record establishes that there is conflicting information concerning the occupancy of the unit in 1980. The evidence is sufficient to support the hearing examiner's conclusion that the tenants failed to meet their burden of proving that their unit had been rented in May 1980. Also, because the owner acted on documents and information given to him by the Board when he set the tenants' rent in 1998, the doctrine of equitable estoppel precludes the Board from now reducing that rent. For these reasons, it is recommended that the decision of the hearing examiner be affirmed.

8. Action Items

a. From Committees

(1) First reading of amendments to Regulation 1242 to clarify and modify aspects of the appeals process including the requirements for filing an appeal, the effect of filing an appeal, the procedure for official notice and the length, timing and content of the parties' oral presentations. (IRA/AGA)

(2) First reading of proposed amendment to Subsection (B)(3) of Regulation 1269 to provide that the minimum rent decrease for a rental unit that substantially lacks the affirmative characteristics of subdivisions (b) [plumbing/gas facilities], (c) [hot/cold running water] and (d) [adequate hearing facilities] of Civil Code section 1941.1 shall be 20%. (IRA/AGA)

b. From Director

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

Waiver No.           Location
2833                      1413 66th Street
2841                      1534 Fairview Street
2848                      2315 Durant Avenue
2850                      2100 California Street
2851                      2111 McGee Avenue
2854                      2226 Carleton Street
2856                      2005 Berkeley Way
2858                      1203 Allston Way
2859                      1822 Chestnut Street
2860                      2433 San Pablo Avenue
2861                      2204 7th Street
2862                      2915 Dohr Street
2864                      1913 Berkeley Way

9. Announcements

a. Reports from Board Members/Staff.

b. Announcements of upcoming Committee Meetings:

(1) Budget and Personnel
(2) Community Education and Outreach
(3) Eviction
(4) IRA/AGA
(5) Student Outreach and Internship - To be scheduled in August.
(6) 3x3 City Council/RSB Housing Committee

c. Housing Update program televised live: June 24 and July 22, 2002. Host Commissioner Janowitz.

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

10. Adjournment