RENT STABILIZATION BOARD

Regular Meeting Minutes
Monday, November 5, 2001
7:00 p.m.

APPROVED

Members Present: Janowitz, Bernay, Spector, Hogarth, Alberti, Harris

Absent: Maldonado, Anderson, Siegel

Staff Present: Gelb, Kelly, Wyche

Item 1. Roll Call - 7:06PM

Item 2. Approval of the Agenda. APPROVED AS WRITTEN. M/S/C (Janowitz/Spector) Voice vote. Passed: 6-0-0-3 Absent: Maldonado, Anderson, Siegel.

Item 3. Public Forum. There were no speakers.

Item 4. Special Order of Business: 2001 Housing Legislative Summary presented by Christine Minnehan, Board Lobbyist.

Item 5. Approval of the October 15, 2001 Regular Board Meeting Minutes. M/S/C (Alberti/Hogarth) APPROVED AS WRITTEN. Voice vote. Passed: 5-0-1-3. Abstain: Harris; Absent: Maldonado, Anderson, Siegel.

Item 6. Appeal L-3594/T-3843 - 2223 San Pablo Avenue. M/S (Janowitz/Hogarth) TO AFFIRM HEARING EXAMINER'S DECISION WITH A REAFFIRMATION OF THE PARTIES OBLIGATIONS TO PERFORM ITEM 7, WITH SPECIFIC IDENTIFICATION OF THOSE ITEMS THAT ARE DEEMED INAPPROPRIATE, SPECIFICALLY THAT THE SEVEN DAY NOTICE BE PROVIDED BEFORE ITEMS ARE REMOVED FROM THE PROPERTY AND A REITERATION AND REINFORCEMENT THAT PARAGRAPH 10 SHALL BE FOLLOWED. Commissioner Hogarth withdrew his second, therefore eliminating this motion.

Second Substitute Motion M/S/F (Spector/Hogarth) TO UPHOLD THE HEARING EXAMINER'S DECISION REGARDING ITEMS 1, 2, 3 AND 10, WHICH ARE WITHIN THE RENT BOARD'S PURVIEW; OTHER ITEMS ARE LEFT FOR THE TENANT AND LANDLORD TO SETTLE BETWEEN THEMSELVES OR IN COURT. A roll call vote was taken. Yes: Janowitz, Spector, Hogarth; No: Bernay, Harris, Alberti; Abstain: None; Absent: Maldonado, Anderson, Siegel. Failed: 3-3-0-3.

First Substitute Motion: M/S/C (Harris/Bernay) TO AFFIRM HEARING EXAMINER'S DECISION. A roll call vote was taken. Yes: Janowitz, Bernay, Harris, Hogarth, Alberti; No: None; Abstain: Spector; Absent: Maldonado, Anderson, Siegel. Passed: 5-0-1-3.

Item 7.a.(2) First 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/Hogarth) Commissioner Janowitz recused himself. TO ADOPT PROPOSED REGULATION 1016. A roll call vote was taken. Yes: Bernay, Spector, Harris, Hogarth, Alberti; No: None; Abstain: None; Absent: Maldonado, Anderson, Hogarth; Recused: Janowitz. Passed: 5-0-0-3-1.

Item 7.b.(2) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties.

Waiver No.      Location 
*2697                2610 Martin Luther King Jr. Way
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 Jr. Way
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.

MS/C (Alberti/Spector) TO AFFIRM THE RECOMMENDATIONS OF THE HEARING EXAMINERS ON ALL WAIVERS LISTED. A roll call vote was taken. Yes: Janowitz, Bernay, Spector, Harris, Hogarth, Alberti; No: None; Abstain: None; Absent: Maldonado, Anderson, Siegel. Passed: 6-0-0-3.

Item 8. Announcements of upcoming Committee Meetings.

(1) Budget/Personnel - No meeting scheduled.
(2) *Community Education & Outreach - Wednesday, November 14 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, November 8, 6pm - Eshleman Hall, Senate Lounge, 2nd Floor, UC Campus.
(6) 3x3 City Council/RSB Housing - No meeting scheduled.

* This meeting was cancelled at a later date.

Adjournment was at 9:07PM