RENT STABILIZATION BOARD
Monday, November 5, 2001
2134 Martin Luther King Jr. Way
City Council Chambers, Second Floor
Broadcast Live - KPFB - 89.3 (N. Berkeley)
BTV Cable Channel 25
1. Roll Call - 7:00PM
2. Approval of the Agenda
3. Public Forum
4. Special Order of Business
Report from Rent Board Lobbyist, Christine Minnehan.
5. Approval of the Minutes
Minutes of the October 15, 2001 regular meeting.
6. Appeals - Time Certain - 8:00 PM
Appeal L-3594/T-3843 - 2223 San Pablo Avenue. This is an appeal of a hearing examiner decision that found that the landlord was in compliance with the terms of the parties' settlement agreement except that he had yet to install a fence to separate the parking area from the property's front yard. The only issue in compliance hearing is whether a party has complied with the terms and conditions of a prior Board decision, in this case, the parties' settlement agreement. With one exception, the tenants do not challenge the hearing examiner's finding of compliance but, instead, raise issues outside the terms of the agreement. The exception involves the disposal of items left in a common yard. This issue is not remedied by an adjustment of the rent ceiling. Because the Board may not review issues that were not before the hearing examiner and the only issue properly raised is best resolved by a civil court, staff recommends that the decision of the hearing examiner be affirmed.
7. Action Items
a. From Committees
(1) Report on Executive Director search. (Budget and Personnel Committee)
(2) First reading of proposal to adopt Regulation 1016 that creates a presumption that a tenant who vacates within one year of receiving a notice terminating the tenancy so the owner may move-in, vacates because of the notice. In such cases, the owner is not entitled to set a market rate rent when the unit is next rented. (Eviction Committee)
b. From Executive Director
(1) Report on Measure Y monitoring procedures.
(2) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties.
Waiver No. Location
*2697 2610 Martin Luther King
2707 1514 Walnut Street
2708 1437-39 Hearst Avenue
2709 2241 9th Street
2710 1907 Haste Street
2711 1635 Josephine Street
2712 1633 Derby Street
2718 1722 Derby Street
2720 1212 Neilson Street
2721 1949 Martin Luther King
2727 1635 63rd Street
2729 1505 Tyler Street
2733 2926 Stanton Street
2737 1508-10 Hopkins Street
2738 2336 Curtis Street
2745 1201 Dwight Way
*Continued from October 15, 2001 regular Board meeting.
a. Reports from Board Members/Staff.
b. Announcements of upcoming Committee Meetings:
(2) Community Education and Outreach
(4) Individual Rent Adjustment/Annual General Adjustment
(5) Student Outreach and Internship
(6) 3x3 City Council/RSB Housing Committee
c. Discussion of items for possible placement on future agenda material.