RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, March 18, 2002
7:00 p.m.

APPROVED 

Members Present: Maldonado, Janowitz, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti

Absent: None

Staff Present: Gelb, Kelly, Tine, Wyche

Item 1. Roll Call - Closed Session: 6:05PM Regular Meeting: 7:06PM

Item 2. Closed Session - CONFERENCE WITH LEGAL COUNSEL TO DISCUSS EXISTING LITIGATION LISTED BELOW (Subdivision (a) of Section 54956.9 of the Government Code) NO REPORTABLE ACTION TAKEN.

DeZerega v. City of Berkeley Rent Stabilization Board [Meggs]
Superior Court No. 2001-032280

James v. City of Berkeley Rent Stabilization Board [Estrada et al.]
Superior Court No. 2002-043234

Hanerfeld v. City of Berkeley Rent Stabilization Board [Gillin]
Court of Appeal No. A094733, Superior Court No. 8245513

Item 3. Approval of the Agenda. APPROVED AS WRITTEN. M/S/C (Janowitz/Siegel) Voice vote. Passed: 7-0-0-2 Absent: Maldonado, Harris.

Item 4. Public Forum. There were no speakers.

Item 5. Approval of March 4, 2002 regular Board meeting minutes.  M/S/C (Siegel/Alberti) APPROVED AS WRITTEN. Voice vote passed: 8-0-0-1 Absent: Maldonado.

Item 6.a.(1) First 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. M/S/C (Siegel/Alberti) TO ADOPT PROPOSAL TO AMEND SUBDIVISION (C) OF REGULATION 1270. A roll call vote was taken. Yes: Maldonado, Janowitz, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti. Passed: 9-0-0-0.

Item 6.a.(2) Second reading of proposed amendment to Regulation 1013 to provide that the occupancy of a rental unit by a landlord's relative following recovery of possession of the unit pursuant to B.M.C. section 13.76.130.A.9b is not a tenancy for purposes of establishing an initial rent for the first tenancy following termination of the relative's occupancy. M/S/C (Hogarth/Siegel) TO ADOPT PROPOSAL TO AMEND REGULATION 1013. A roll call vote was taken. Yes: Maldonado, Janowitz, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: None. Passed: 9-0-0-0.

Item 6.a.(3) Proposal that the Board adopt a resolution authorizing the Executive Director to increase the purchase order with Inkworks Progressive Printing for the Fiscal Year 2001/2002 from $30,000 to an amount not to exceed $40,000. M/S/C (Harris/Alberti) TO ADOPT RESOLUTION AS WRITTEN. A roll call vote was taken. Yes: Maldonado, Janowitz, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti. Passed: 9-0-0-0.

Item 5.a. Appeal L-3676 - 1917 6th Street, #4. SECOND SUBSTITUTE MOTION M/S/F (Maldonado/Hogarth) TO AFFIRM THE HLR INCREASE AS DECIDED BY THE HEARING EXAMINER, DENY THE 10% OCCUPANCY INCREASE IN RENT, AND REMAND THE QUESTION OF ELIGIBILITY FOR 10% LOW INCOME PHASE-IN BACK TO THE HEARING EXAMINER TO CLARIFY TO THE TENANT WHAT DOCUMENTATION IS REQUIRED. A roll call vote was taken. Yes: Maldonado, Spector, Hogarth; No: Anderson, Harris, Siegel, Alberti; Abstain: Bernay; Absent: None; Recused: Janowitz. Failed: 3-4-1-0-1. FIRST SUBSTITUTE MOTION M/S/F (Spector/Maldonado) GRANT THE HLR INCREASE, DENY THE 10% OCCUPANCY RENT INCREASE, AND ALLOW THE LOW INCOME PHASE-IN. A roll call vote was taken. Yes: Spector, Hogarth; No: Anderson, Bernay, Harris, Siegel, Alberti; Abstain: Maldonado; Recused: Janowitz. Failed: 2-5-1-0-1. FIRST MOTION M/S/C (Siegel/Hogarth) TO AFFIRM THE HLR INCREASE DECIDED BY THE HEARING EXAMINER, REMAND BACK TO HEARING EXAMINER FOR FURTHER EVIDENTIARY HEARINGS ON THE LOW INCOME PHASE-IN ELIGIBILITY OF THE TENANTS, AND REMAND THE BASE OCCUPANCY ISSUE TO HEARING EXAMINER TO DETERMINE WHETHER DESIRE MAHAL HAYAG AND DON RYAN HAYAG ARE IN FACT QUALIFYING CHILDREN OF CYNTHIA HAYAG. A roll call vote was taken. Yes: Maldonado, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: None; Recused: Janowitz. Passed: 8-0-0-0-1.

Item 5.b. Appeal L-4049 - 2102 B California Street - M/S/C (Hogarth/Bernay) TO AFFIRM THE DECISION OF THE HEARING EXAMINER. A roll call vote was taken. Yes: Janowitz, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: Maldonado. Passed: 8-0-0-1.

Item 7.b. Announcements

(1) Budget/Personnel - To be scheduled after April 1
(2) Community Education and Outreach - TBA
(3) Eviction - Monday, March 25, 2002 at 6PM in Law Library, 2001 Center, 2nd Floor
(4) Individual Rent Adjustment/Annual General Adjustment - TBA
(5) Student Outreach and Internship - Thursday, April 4 at 6PM on UC Campus.
(6) 3x3 City Council/RSB Housing Committee - No meeting set.

Adjournment was at 9:30PM