RENT STABILIZATION BOARD
Monday, July 2, 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. Approval of the Minutes
Minutes of the June 18, 2001 regular meeting.
5. Special Order of Business
Request for Rent Board to give financial support to the City of Berkeley project to provide building owners with seismic retrofit solutions for soft story buildings.
6. Appeals - Time Certain - 7:30 PM
a. Appeal T-3765-3771/T-3785-3786 - 2223 and 2227 Bonar Street (continued from June 4 regular meeting). Both the tenants and the landlord appealed the decision of the hearing examiner. The tenants cite several clerical errors and ambiguities in the decision that need to be corrected or clarified, as well as claiming that the landlord should have been found ineligible for annual general adjustments (AGA's) beginning in 1989. The landlord claims that the rent reductions awarded after November 1999 are not supported by the evidence. There are, however, several ambiguities that need clarification from the hearing examiner. Therefore, it is also recommended that the petitions be remanded to the hearing examiner with instructions to clarify when the rent reductions for deteriorated floors were intended to end and to set forth in detail what needs to be done to "refurbish" each rental unit.
b. Appeal T - 3941 - 1918 ½ Blake Street. This is an appeal of a hearing examiner decision that found that no additional rent reduction was warranted for the inconvenience experienced while work was done to correct code violations for which the tenant had previously received a rent reduction. On appeal, the tenant requests that the petition be remanded for an additional hearing to allow him to present additional evidence on how the repair work impaired his use and enjoyment of the rental unit. The record establishes that appellant had the opportunity to present his case at a fair hearing. Furthermore, the decision follows existing case law. Therefore, it is recommended that the decision of the hearing examiner be affirmed.
7. Action Items
a. From Committees
(1) First reading of proposed Regulation 1301 to provide a procedure for determining the initial rent of a non-comparable unit required to be offered by a landlord to a tenant displaced by an owner-occupancy eviction subject to Measure Y. (IRA/AGA Committee)
(2) Proposal that the Board adopt a resolution to authorize the Executive Director to enter into a contract with Housing Rights, Inc. (HRI) for the provision of advice and counseling on housing matters to low-income tenants in an amount not to exceed $44,000. (Eviction Committee)
(3) Proposal that the Board adopt a resolution approving in principle the proposal to fund a nonprofit entity to be created by Hank Henson and Michael Grunwald to provide services to lower-income tenants in Berkeley. Funding of the new nonprofit corporation shall be contingent on Housing Rights, Inc. agreeing to act as the corporation's fiscal agent and on there being no employees on the new corporation's Board of Directors. (Eviction Committee)
a. Reports from Board Members/Staff.
b. Announcements of upcoming Committee Meetings:
(2) Community Education and Outreach
(4) Individual Rent Adjustment/Annual General Adjustment - Thursday, July 12 at 6pm, 2001 Center, 2nd Floor
(5) Student Outreach and Internship
(6) 3x3 City Council/RSB Housing Committee
c. Discussion of items for possible placement on future agenda material.