RENT STABILIZATION BOARD
Regular Meeting

Monday, August 19, 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)

Dezerega v. City of Berkeley Rent Stabilization Board [Meggs] Alameda County Superior Court Number 2001-032280

Berkeley Property Owners Association v. City of Berkeley Rent Stabilization Board Alameda County Superior Court Number 8319881

3. Approval of the Agenda

4. Public Forum

5. Approval of August 5, 2002 Minutes

6. Special Order of Business

Presentation by Steve Barton and Carlos Romo from the City of Berkeley Housing Department on the housing inspection procedure.

7. Appeals - Time Certain - 7:30PM

a. Appeal T-4126 - 2403 Grant Street, Unit G. (Continued from August 5, 2002 meeting.) The landlord appeals the hearing examiner finding that he collected rent in excess of the lawful rent ceiling and that he failed to submit any credible evidence to justify retention of all or a portion of the tenant's security deposit. On appeal, the landlord claims the tenant's rent overcharge award should be reduced because the tenant collected illegally high rent from several subtenants. The landlord also claims he is entitled to keep the security deposit because the tenant damaged the rental unit. There is, however, no evidence in the record to support these claims. For this reason, it is recommended that the decision of the hearing examiner be affirmed.

b. Appeal T- 4189 - 1433 Berkeley Way, Unit A - The owner refuses to allow petitioner to replace a roommate who has vacated the subject unit. The owner now appeals the hearing examiner determination that a policy of the owner has reduced the occupancy level of the unit and warrants a 50% rent reduction. On appeal, the owner presents no grounds for modifying the decision of the hearing examiner. For this reason, it is recommended that the decision be affirmed.

c. Appeal T - 4195 - 2418 Dana Street, #23 - This is an appeal of a hearing examiner decision that awarded rent overcharges because heat in the subject rooming house was inadequate. On appeal, the landlord seeks to submit new evidence and argues that the decision is not supported by the evidence, that Board Regulation 1269 is arbitrary, and that the hearing examiner was biased. However, evidence that could have been discovered and presented at the hearing cannot be submitted on appeal. Furthermore, there is no merit to the claims of error. For this reason, it is recommended that the decision of the hearing examiner be affirmed.

8. Action Items

a. From Director

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

Waiver No.    Location
2871               2909 Florence Street
2873               3116 Mabel Street
2879               2415 Fulton Street

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
(6) 3x3 City Council/RSB Housing Committee

c. Housing Update program televised live: Monday, September 9, 2002 at 5:30pm Host Commissioner Janowitz.

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

10. Adjournment