RENT STABILIZATION BOARD
Monday, May 7, 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 - 6:30 PM Closed Session. 7:00 PM Regular Meeting
2. Closed Session - 6:30 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, Alameda County Superior Court Number 824551-3.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to Subdivision (b)(3)(C) of Section 54956.9 of the Government Code: one case)
Board received written communication threatening litigation on Late Registration Penalty Waivers #2501, 2626 and 2629
3. Approval of the Agenda
4. Public Forum
5. Approval of the Minutes
Minutes of the April 16, 2001 regular meeting.
6. Appeals - Time Certain - 7:30
a. Appeal T-3888 - 1524 Spruce Street. This is an appeal of a hearing examiner decision on a petition for rent overcharges. The tenant appeals the decision claiming that she was not permitted to present her entire case and that the hearing examiner was biased against her. In a related eviction action, the parties reached a settlement agreement that resolved all issues concerning the rent owed and paid on the subject unit. This settlement rendered the appeal moot. For this reason, it is recommended that the hearing examiner be affirmed.
b. Appeal RWN-1322 - 1524 Spruce Street. This is an appeal of a dismissal of rent withholding. The hearing examiner dismissed the petition because the identical issues were raised in petition T-3888 and, in the decision on that petition, the property was found to be properly registered. Appellant raises no issues on appeal. For this reason it is recommended that the appeal be dismissed and the decision of the hearing examiner affirmed.
7. Action Items
a. From Committees
(1) Second reading of proposal to amend Regulation 1201 to clarify that verified petitions or sworn declarations may substitute for the documentation necessary to establish eligibility for rent adjustments where the documentation is unavailable and to declare that it is the Board's policy that each party to a petition submit all supporting evidence as early as possible prior to the hearing on the petition. (IRA/AGA Committee)
(2) Second reading of proposal to amend Regulation 1207 to clarify the grounds for which a petition will be deemed unacceptable. (IRA/AGA Committee)
(3) Authorization for the Executive Director to enter into an agreement with the City of Berkeley Housing Department whereby the Board would pay the Housing Department no more than $15,000 and the Housing Department would monitor the contract compliance of the Board's community agency service providers. (Eviction Committee) (Resolution No. 01-11)
(4) Recommendation to authorize the Executive Director to enter into a contract with the Eviction Defense Center (EDC) to provide services to tenants in Berkeley. (Eviction Committee) (Resolution No. 01-12)
(5) Recommendation to authorize the Executive Director to modify Contract No. 3579 with Seifel Associates for the Year 2002 Annual General Adjustment (AGA) survey report. (Budget and Personnel) (Resolution No. 01-15)
b. From Executive Director
(1) Adopting a Fiscal Year 2001-2002 Budget Amount for Funding Community Agencies that Provide Assistance to Lower-Income Tenants. (Resolution No. 01-08)
(2) Adopting a Fiscal Year 2001-2002 Final Budget Amount and Establishing the Annual Registration. (Resolution No. 01-09)
(3) Second reading of proposal to amend Regulation 1310 to provide that, it is not a substantial violation of a material term of a rental agreement containing a covenant prohibiting sublease of assignment, for a tenant to permit his or her rental unit to be occupied by a subtenant provided: (1) the landlord has unreasonably withheld consent to the subtenancy; (2) the tenant remains an actual occupant of the rental unit; and (3) the number of tenants and subtenants actually occupying the rental unit does not exceed the base occupancy level as provided in Regulation 1270(A).
(4) Recommendation to authorize the Executive Director to extend Contract No. 3554 with Berkeley Community Media, Inc. for Fiscal Year 2001/2002 for cable broadcast and production services. (Resolution No. 01-10)
(5) Recommendation to authorize the Executive Director to enter into and execute a modification to the contract with Christine Minnehan & Associates to perform legislative advocacy services. (Resolution No. 01-13)
(6) Recommendation to authorize the Executive Director to amend Contract No. 2453 with Quartet Systems for maintaining the Board's computer database. (Resolution No. 01-14)
(7) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties.
Waiver No. Location
2552 1534 Fairview Street
2587 1719 63rd Street
2598 2531 MLK Jr. Way
2600 2811 Channing Way
2603 1516 Parker Street
2610 1614 Harmon Street
2611 1528 Ada Street
2615 2930 Benvenue/
2616 1306 Grizzly
2618 1823 Delaware Street
2620 168 Southampton
2621 2914 Stanton Street
2623 1600 Oxford Street
2624 1708 Delaware Street
2625 1535 Julia Street
a. Reports from Board Members/Staff
(1) Announcement of Housing Conference in Sacramento and invitation to all Board members to attend. (Executive Director)
(2) Announcement of the completion of the final 2001/2002 budget.
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.