RENT STABILIZATION BOARD
Monday, April 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 - 7:00 PM
2. Approval of the Agenda
3. Public Forum
4. Approval of the Minutes
Minutes of the March 19, 2001
5. Appeals - Time Certain - 7:30 PM
a. Appeal in T-3798 -2620 Stuart Street, #4. (continued from March 19, 2001 meeting/second hearing.) Both the tenant and the landlord appealed the decision of the hearing examiner that held that the parties were bound by the rent ceilings previously determined for the subject unit in the decision on petition L-3532. On appeal, the landlord contends that the tenant did not file a timely rejection of a Tentative Decision that memorialized a settlement agreement of the parties. The landlord contends that the Tentative Decision became the Final Decision of the Rent Board and a subsequent decision should not have been issued. The tenant contends that the decision on petition L-3532 should never have been issued. Upon review, it is recommended that the hearing examiner decision be vacated and the decision based on the settlement agreement be reinstated. In the alternative, if the Board finds that there was a compelling reason to set aside the settlement agreement, a clerical error in the hearing examiner decision should be corrected and the decision otherwise affirmed.
b. Appeal in T-3878 - 2628 Regent Street, Apt. A. This is an appeal of a hearing examiner decision that held that the transfer of the responsibility for payment of the water bill had been taken into account in a prior decision and, therefore, the reduction in services was already reflected in the rent ceiling. On appeal, appellant contends that the prior reduction does not fully compensate for the increases in the cost of water. However, the prior petition properly took into account the change in services and the doctrine of collateral estoppel prevents appellant from relitigating this issue. For this reason, it is recommended that the decision be affirmed.
6. Action Items
a. From Committees
Discussion of costs of proposed new projects for the Fiscal Year 2001/2002 and the implications for the budget and for the setting of the fee. (Budget and Personnel)
b. From Executive Director
(1) Discussion of City of Berkeley fees and taxes as context for Rent Board fee. Presentation by Phil Kamlarz, Deputy City Manager.
(2) Further discussion concerning the new Citywide telephone system: T-1 line (telephone (voice) only) versus fiber optic (telephone and computer (data)). Presentation by Chris Mead, Director of Department of Information Technology.
a. Reports from Board Members/Staff.
b. Announcements of upcoming Committee Meetings:
(2) Community Education and Outreach
(3) Eviction - Thursday, April 19 at 6:15PM at the Law Library, 2001 Center, 2nd Floor.
(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.