RENT STABILIZATION BOARD
Regular Meeting

Thursday, September 5, 2002
7 p.m.

2134 Martin Luther King Jr. Way
Council Chambers, Berkeley, CA.
Broadcast Live - KPFB - 89.3 FM
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)

Hanerfeld v. City of Berkeley Rent Stabilization Board [Gillin] Alameda County Superior Court Number 824551

3. Final Action to Approve the Appointment of and Compensation for James Kelekian as Executive Director, Effective October 7, 2002. (Proposed contract will be available at meeting.)

4. Approval of the Agenda

5. Public Forum

6. Approval of August 19, 2002 Minutes 

7. Appeals - Time Certain - 7:30PM

a. Appeal L-3688/T-4104; 2398 Hilgard Ave
After the hearing examiner issued a decision in this matter, the tenant filed a notice of appeal, but failed to cite any evidence or authority to support the appeal. The hearing examiner then issued an amended decision that did not change the original decision, but rather addressed the owner's entitlement to have lost AGA's restored, an issue raised in the owner's petition but overlooked in the original decision. The tenant then filed a comprehensive appeal challenging findings in both the original and amended decisions. The first issue is to determine whether the case is moot because the tenant no longer occupies the subject unit. If the matter is not moot, staff recommends that the appeal be limited to whether the owner is entitled to have lost AGA's restored and to affirm the hearing examiner's finding that he is.

b. Appeal T-4116; 927 Allston Way
The tenant appeals the hearing examiner decision granting rent reductions for habitability problems. On appeal, the tenant challenges the rent ceilings set by the hearing examiner, the amount of the rent reductions granted, and the finding that he failed to prove he paid a security deposit. A review of the record establishes that the decision is supported by substantial evidence. 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
2877             2816 MLK Jr Way
2885             3260 California Street/
                      1551-57 Alcatraz Avenue
2886             3242-50 California Street

b. From Board Members

(1) Proposal that Board pass a resolution supporting SB 1736 (Burton) which strengthens the power of the ALRB by allowing binding arbitration between the growers and the workers. (Commissioner Maldonado)

(2) Proposal to change the second regular meeting in September from September 16, 2002 to Thursday September 19, 2002 on account of a religious holiday on Monday the sixteenth. (Commissioner Spector)

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 - Thursday, September 12 at 6:00 PM at 2001 Center Street, 2nd Floor, Law Library.
(4) IRA/AGA - Tuesday, September 10 at 6:00 PM at 2001 Center Street, 2nd Floor, Law Library.
(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