RENT STABILIZATION BOARD

Regular Meeting Minutes

Monday, November 19, 2001
7:00 p.m.

APPROVED

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

Absent: None

Staff Present: Gelb, Wyche

Item 1. Roll Call - 7:07PM

Item 2. Approval of the Agenda. APPROVED AS WRITTEN. M/S/C (Harris/Alberti) Voice vote. Passed: 8-0-0-1 Absent: Hogarth.

Item 3. Public Forum. There were no speakers.

Item 5. Approval of the November 5, 2001 Regular Board Meeting Minutes. M/S/C (Harris/Janowitz) APPROVED AS WRITTEN. Voice vote. Passed: 6-0-0-3. Abstain: Maldonado, Anderson, Siegel.

Item 5.a.(1) Second reading of proposal to adopt Regulation 1016 creating 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. M/S/C (Harris/Alberti) TO ADOPT PROPOSED REGULATION 1016. A roll call vote was taken. Yes: Maldonado, Janowitz, Anderson, Bernay, Spector, Harris, Alberti; No: None; Abstain: None; Absent: Hogarth. Passed: 8-0-0-1.

Item 5.b.(1) Proposal for Resolution exempting from registration fees and penalties units at a property otherwise covered by the Ordinance, so long as the units are inhabited by clients of the City of Berkeley Mental Health Division. M/S/C (Siegel/Spector) TO ADOPT A RESOLUTION TO WAIVE ALL PENALTIES WITH THE UNDERSTANDING THAT LANDLORD IS RESPONSIBLE FOR ALL PAST AND CURRENT REGISTRATION FEES. RENT BOARD STAFF IS DIRECTED TO WORK WITH OWNER TO DETERMINE AN ACCOMMODATING PAYMENT SCHEDULE AT WHICH TIME PROPERTY WILL BE CONSIDERED PROPERLY REGISTERED, IN ACCORDANCE WITH THE ORDINANCE, AS LONG AS THE FEE SCHEDULE IS ADHERED TO AND PAYMENTS ARE TIMELY. Friendly amendment was made by Janowitz and accepted. INTENT OF THE MOTION IS TO COOPERATE WITH OWNERS TO ALLOW THEM TO CONTINUE PROVIDING THE SERVICE AS CURRENTLY PROVIDED TO THE CITY OF BERKELEY MENTAL HEALTH DIVISION. 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 5.b.(2) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties.

Waiver No.       Location 
2704                  1728 Walnut Street
2713                  1413 66th Street
2715                  2503 Regent Street
2717                  1808 MLK Jr. Way
2722                  3024/2426 Dana Street/Dowling Place
2724                  2414 Carleton Street
2726                  2426 McGee Avenue
2728                  1235 Dwight Way
2730                  2813 Kelsey Street
2732                  2310 West Street
2734                  1514 Julia Street
2736                  1616 Prince Street
2741                  1648 Julia Street
2743                  1605 Fairview Street
2746                  1408 9th Street

Commissioner Siegel pulled Waiver 2715 for further discussion. M/S/C (Janowitz/Harris) TO AFFIRM THE RECOMMENDATIONS OF THE HEARING EXAMINERS ON ALL WAIVERS WITH THE EXCEPTION OF WAIVER NUMBER 2715. Voice vote: Passed: 8-0-1-0 Abstain: Hogarth. M/S/C (Siegel/Janowitz) TO AFFIRM THE RECOMMENDATION OF HEARING EXAMINER ON WAIVER NUMBER 2715. Voice vote: Passed: 7-0-2-0 Abstain: Siegel, Hogarth.

Item 6. Announcements of upcoming Committee Meetings.

(1) Budget/Personnel - No meeting scheduled.
(2) Community Education & Outreach - Thursday, November 29, at 5:30pm at 2001 Center Street, 2nd Floor.
(3) Eviction - No meeting scheduled.
(4) IRA/Annual General Adjustment - Monday, November 26, at 5:30pm at 2001 Center Street, 2nd Floor.
(5) Student Outreach & Internship - Thursday, January 24, 2002 6pm - Eshleman Hall, Senate Lounge, 2nd Floor, UC Campus.
(6) 3x3 City Council/RSB Housing - No meeting scheduled.

Adjournment was at 8:30PM