RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, June 4, 2001
7:00 p.m.

APPROVED

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

Absent: None 

Staff Present: Gelb, Kelly, Wyche

Item 1. Roll Call - 6:14 PM Closed Session. 7:14 PM Regular Meeting 

Item 2. Closed Session - 6:14 PM 
Pursuant to Govt. Code Section 54957: To discuss the employment of the Executive Director. The Board appointed a negotiating team to negotiate the terms of employment of the Executive Director.

Item 3. Approval of the Agenda. APPROVED AS WRITTEN. M/S/C (Siegel/Harris) Voice vote: Passed: 9-0-0-0.

Item 5. Approval of Minutes

a. Approval of the May 7, 2001 Minutes. M/S/C (Harris/Maldonado) APPROVED AS WRITTEN. Voice vote. Passed: 7-0-2-0 Abstain: Anderson, Alberti.

b. Approval of May 21, 2001 Minutes. M/S/C (Siegel/Harris) APPROVED AS AMENDED. Commissioner Harris requested a change in paragraph 4 page 2 of Item 8.b.(2), to include the waiver number relative to the motion, Waiver Number 2594. Voice vote. Passed: 7-0-2-0 Abstain: Maldonado, Bernay.

Item 7.a. Proposal that the Board create a subcommittee to work with staff to investigate feasibility of developing cultural and artistic programs for community education. M/S/C (Maldonado/Bernay) Voice vote. Passed: 9-0-0-0. (Volunteers for the committee were Commissioners Maldonado, Spector and Hogarth.)

Item 6. Appeal T-3765-3771/T-3785-3786 - 2223 and 2227 Bonar Street.

M/S/C (Siegel/Bernay) TO EXTEND THE SPEAKING TIME FOR LANDLORD. Voice vote: Passed 9-0-0-0.

M/S/C (Siegel/Hogarth) TO GIVE EACH PARTY AN ADDITIONAL TWO MINUTES TO SPEAK. Voice vote: Passed 9-0-0-0.

M/S (Hogarth/Siegel) TO OVERTURN THE HEARING EXAMINER'S DECISION THAT THE LANDLORD WAS ELIGIBLE FOR THE 1989 TO 2000 AGA'S. A friendly amendment was made by Commissioner Siegel and accepted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

A first substitute motion was made. M/S (Harris/Alberti) TO REMAND APPEAL TO HEARING EXAMINER WITH QUESTIONS AND CONCERNS LISTED IN THE APPEAL RECOMMENDATION; AND RECONSIDERATION OF THE QUESTION OF WHAT ARE OVERCHARGES IN CONNECTION WITH WHETHER PREVIOUS AGA'S HAVE TO BE TAKEN INTO ACCOUNT OR NOT TAKEN INTO ACCOUNT WHEN DETERMINING OVERCHARGES; AND RECONSIDERATION OF THE QUESTION WHAT IS THE EVIDENCE OF GOOD FAITH REGISTRATION.

A second substitute motion. M/S/C (Spector/Janowitz) TO BRING APPEAL BACK TO THE JULY 2, 2001 BOARD MEETING TO ALLOW TIME FOR FURTHER REVIEW OF DOCUMENTS IN ORDER TO CLARIFY AND DETERMINE A MORE SPECIFIC LIST OF REMANDS. A roll call vote was taken on the second substitute motion. Yes: Maldonado, Janowitz, Anderson, Bernay, Spector, Harris, Hogarth, Alberti; No: None; Abstain: Siegel; Absent: None. Passed: 8-0-1-0.

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

Waiver No.     Location
2562                3038 Mabel Street (continued from 5/21/01) 
2630                2309 Parker Street 
2634                2603 Fulton Street 
2731                2604 Fulton Street 
2633                1743 Delaware Street 
2635                1859 Alcatraz Avenue 
2638                1608 Prince Street 
2642                1826 Alcatraz Avenue 
2643                1626 Dwight Way 
2644                1590 Oregon Street 
2647                2336 Roosevelt

M/S/C (Alberti/Hogarth) TO ACCEPT STAFF RECOMMENDATIONS ON ALL WAIVERS. Voice vote. Passed: 9-0-0-0.

Item 8. Announcements of upcoming Committee Meetings.

(1) Budget/Personnel - No meeting set. 
(2) Community Education & Outreach - No meeting set. 
(3) Eviction - Thursday, June 21 at 6PM - 2001 Center, 2nd Floor. 
(4) IRA/Annual General Adjustment - Thursday, July 12 at 6PM - 2001 Center, 2nd Floor. 
(5) Student Outreach & Internship - Thursday, June 28 at 6:30PM - 2001 Center, 2nd Floor. 
(6) 3x3 City Council/RSB Housing Committee - No meeting set.

Adjournment was at 9:19PM