RENT STABILIZATION BOARD
Monday, October 21, 2002
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
1. Roll Call - 7:00PM
2. Approval of the Agenda
Please Note: The Board may rearrange items to accommodate time certain items.
3. Public Hearing on the Year 2003 Annual General Adjustment (AGA) and the draft AGA Report. - 7:05PM
a. Staff presentation and update. (Executive Director)
b. Testimony from members of public.
c. Recommendation from IRA/AGA Committee.
d. Comments from Board Members, questions to staff and consultant.
e. Adoption of the Year 2003 AGA Order, Regulation 1125.
4. Public Forum
5. Approval of the Minutes
Minutes of the October 7, 2002 regular meeting.
6. Appeals - Time Certain - 8:00 PM
a. Appeal T-4257; 2243 Dwight Way, Unit B. This is a landlord appeal of a hearing examiner decision ordering the landlord to refund security deposit interest to the tenant. On appeal, the landlord argues that he should be excused from placing the security deposit in an interest bearing account because such an account cannot be opened without using his Social Security number. The landlord's claim does not provide a basis for not complying with the Rent Ordinance. For this reason, it is recommended that the decision of the hearing examiner be affirmed.
b. Appeal T-3417; 1760 Walnut Street. The tenant appeals a compliance decision that found the landlord to be entitled to have the 1994-1996 AGA'S restored. On appeal, the tenant claims that he did not object to the landlord's claim of compliance because he did not believe the document he received from the landlord was a notice of compliance. Because the tenant's mistake is not grounds to modify the hearing examiner decision, it is recommended that the Board affirm the restoration of the 1994-1996 AGA'S. However, although the original decision was issued in 1998, in the compliance decision, the hearing examiner also determined the landlord's eligibility for the 1999-2002 AGA'S. This determination was beyond the scope of the petition. For this reason, it is also recommended that the decision be modified to reflect that no binding determination has been made regarding the landlord's eligibility for the 1999-2002 AGA'S.
7. Action Items
a. From Committees
(1) First reading of proposed Regulation 1509 to provide a procedure for requesting the Rent Board to seek injunctive relief to enjoin violation of the Rent Ordinance. (Eviction Committee)
(2) Recommendation to adopt a resolution authorizing the Executive Director to modify the contract with Eviction Defense Center (EDC) for the remaining 2002/2003 fiscal year, to increase the total contract amount by $970 to cover the Rent Board's percentage of EDC's rent increase associated with the cost to expand their office space. (Eviction Committee)
(3) Proposal that the Board sponsor poetry slam challenge with prizes, focusing on housing issues, at the Starry Plough in January or February 2003. (Community Outreach)
b. From Executive Director
(1) Proposal to cancel the November 4, 2002 regular Rent Board meeting.
8. Information and Announcements
Please Note: The Board may move Information Items to the Action Calendar.
a. Reports and information from Board Members/staff.
(1) Update on Tenants Rights Week activities. (Executive Director)
(2) Update on the status of the Third Annual (2002) Conference on Rent Stabilization sponsored by the Berkeley Rent Stabilization Board. (Executive Director)
(3) A City of Berkeley community event on preventing hate crimes, Thursday, October 24, 2002, at the North Berkeley Senior Center, 1901 Hearst Street (at MLK Way) 6:30 p.m. to 9:30 p.m.
b. Announcements of upcoming Committee Meetings:
(2) Community Education and Outreach, Wednesday, November 6, 6:00 p.m. at 2001 Center Street, 2nd Floor, Law Library.
(5) Student Outreach and Internship
(6) 3x3 City Council/RSB Housing Committee
c. Discussion of items for possible placement on future agenda material.