RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, July 2, 2001
7:00 p.m.

APPROVED

Members Present:   Janowitz, Anderson, Bernay, Spector, Harris, 
                                   Siegel, Hogarth, Alberti 
Absent:                      Maldonado 
Staff Present:            Gelb, Kelly, Wyche

Item 1. Roll Call - 7:05PM 

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

Item 3. Public Forum. There was one speaker, Michael Grunwald, who requested to speak at the time Item 7a.(2) was discussed.

Item 4. Approval of the June 18, 2001 Regular Board Meeting Minutes. M/S/C (Janowitz/Harris) APPROVED AS WRITTEN. Voice vote. Passed: 8-0-0-1. Absent: Maldonado.

Item 5. Special Order of Business. Arrietta Chakos from the City Manager's office requested Rent Board support for the City of Berkeley project to provide building owners with seismic retrofit solutions for soft story buildings. REQUEST FOR SUPPORT IN THE AMOUNT OF $20,000 APPROVED. M/S/C (Hogarth/Alberti) A roll call vote was taken. Yes: Janowitz, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: Maldonado. Passed: 8-0-0-1.

Item 7.a.(1) First reading of proposed Regulation 1301 to provide a procedure for determining the initial rent of a non-comparable unit required to be offered by a landlord to a tenant displaced by an owner-occupancy eviction subject to Measure Y. TO REFER BACK TO IRA/AGA COMMITTEE FOR MODIFICATIONS. M/S/C (Harris/Siegel) Voice vote. Passed: 8-0-0-1 Absent: Maldonado.

Item 6.a. Appeal T-3765-3771/T-3785-3786 - 2223 and 2227 Bonar Street (continued from June 4 regular meeting). M/S (Hogarth/Bernay) DENY YEAR 2000 AGA'S FOR THE FIVE APARTMENTS MENTIONED IN THE PETITION THAT WERE TAKEN OFF SECTION 8 UNTIL THE TIME THE LANDLORD REPAYS THE LAST THREE YEAR'S OF RENT OVERCHARGES, AT WHICH TIME THE LANDLORD WILL RECEIVE PAST AGA'S PROSPECTIVELY; AND TO APPROVE THE PAST TEN YEARS OF AGA'S FOR THE OTHER TWO APARTMENTS IN THE PETITION, NUMBERS 2227F AND 2223C.

SUBSTITUTE MOTION M/S/C (Janowitz/Alberti) TO AFFIRM THE HEARING EXAMINER'S RECOMMENDATION WITH THE FOLLOWING REVISIONS: TO INCREASE THE AMOUNT TO BE PAID TO TENANTS FOR HABITABILITY DEFECTS FROM 10 TO 20 PERCENT TO 20 TO 40 PERCENT; REMAND TO HEARING EXAMINER TO SPECIFICALLY DEFINE THE TERM "REFURBISH;" AND TO CORRECT THE CLERICAL ERRORS. A friendly amendment was made by Commissioner Harris and accepted: TO CLARIFY MEANING OF PERCENTAGE INCREASE FOR HABITABILITY DEFECTS BY CHANGING THE WORDING "TO DOUBLE THE COMPENSATION FOR ALL HABITABILITY DEFECTS." A roll call vote was taken. Yes: Janowitz, Anderson, Bernay, Harris, Alberti; No: Spector, Siegel; Abstain: Hogarth; Absent: Maldonado. Passed: 5-2-1-1.

Item 6.b. Appeal T-3941 - 1918 ½ Blake Street. Before the hearing on appeal could start, Michael Grunwald stated that he had filed the appeal on behalf of the tenant but did not receive notice of the hearing, so therefore was unprepared to address the Board. Staff reviewed the file and informed the Board that the records indicate that Eviction Defense Center, rather than Mr. Grunwald, had filed the appeal. M/S/C (Harris/Bernay) TO CONTINUE THE APPEAL TO THE AUGUST 20, 2001 REGULAR BOARD MEETING IN ORDER TO CLARIFY TENANT'S REPRESENTATION. Voice vote: Passed: 7-1-0-1. No: Siegel; Absent: Maldonado.

Item 7.a.(2) Proposal that the Board adopt a resolution to authorize the Executive Director to enter into a contract with Housing Rights, Inc. (HRI) for the provision of advice and counseling on housing matters to low-income tenants in an amount not to exceed $44,000. M/S/C (Harris/Spector) TO ADOPT THE RESOLUTION. A roll call vote was taken. Yes: Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: Maldonado; Recused: Janowitz. Passed: 7-0-0-1-1

Item 7.a.(3) Proposal that the Board adopt a resolution approving in principle the proposal to fund a nonprofit entity to be created by Hank Henson and Michael Grunwald to provide services to lower-income tenants in Berkeley. Funding of the new nonprofit corporation shall be contingent on Housing Rights, Inc. agreeing to act as the corporation's fiscal agent and on there being no employees on the new corporation's Board of Directors. M/S (Siegel/Hogarth) TO ADOPT THE RESOLUTION WITH THE FOLLOWING REVISIONS: TO CHANGE THE TITLE TO INCLUDE THE WORDING "…FUNDING OF THE NEW CORPORATION SHALL BE CONTINGENT ON HOUSING RIGHTS, INC. (HRI), OR ANOTHER QUALIFIED FISCAL AGENT ACCEPTABLE TO THE BOARD …"; TO INCLUDE IN THE SECOND TO LAST PARAGRAPH "BE IT FURTHER RESOLVED THAT FUNDING OF THE NEW NONPROFIT CORPORATION SHALL BE CONTINGENT ON HRI, OR ANOTHER QUALIFIED AGENT ACCEPTABLE TO THE BOARD, ACTING AS THE CORPORATION'S FISCAL AGENT."; AND TO REMOVE THE LAST PARAGRAPH CONCERNING EMPLOYEES NOT BEING ON ITS BOARD OF DIRECTORS.

M/S/C (HARRIS/ALBERTI) TO SEVER THE TWO POINTS OF THE MOTION REGARDING THE REVISIONS OF THE RESOLUTION. A roll call vote was taken: Commissioner Janowitz recused himself. Yes: Anderson, Bernay, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: Spector; Absent: Maldonado. Passed: 6-0-1-1-1.

FIRST PART OF THE SEVERED MOTION: M/S/C TO AMEND THE RESOLUTION TO ADD THE LANGUAGE IN THE TITLE AND SECOND TO LAST PARAGRAPH AS STATED ABOVE "… OR ANOTHER QUALIFIED FISCAL AGENT ACCEPTABLE TO THE BOARD …". A roll call vote was taken. Yes: Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: Maldonado; Recused: Janowitz. Passed: 7-0-0-1-1.

SECOND PART OF THE SEVERED MOTION: (M/S/F) TO REMOVE THE LAST PARAGRAPH OF THE RESOLUTION. A roll call vote was taken: Yes: Spector, Siegel, Hogarth; No: Anderson, Bernay, Harris, Alberti; Abstain: None; Absent: Maldonado; Recused: Janowitz. Failed: 3-4-0-1-1.

M/S/F (Siegel/Spector) TO CHANGE THE WORDING IN THE LAST PARAGRAPH OF THE RESOLUTION TO READ, "…THAT THE FUNDING OF THE NEW NONPROFIT CORPORATION SHALL BE CONTINGENT ON NO MORE THAN ONE EMPLOYEE OF THE NEW CORPORATION BEING ON ITS BOARD OF DIRECTORS." A roll call vote was taken: Yes: Spector, Siegel, Hogarth, Alberti; No: Harris; Abstain: Anderson, Bernay; Absent: Maldonado; Recused: Janowitz. Failed: 4-1-2-1-1.

Item 8. Announcements of upcoming Committee Meetings.

(1) Budget/Personnel - No meeting set. 
(2) Community Ed & Outreach - No meeting set. 
(3) Eviction - No meeting set. 
(4) IRA/Annual General Adjustment - Thursday, July 12 at 6PM - 2001 Center, 2nd Floor. 
(5) Student Outreach & Internship - Thursday, August 23 at 7:30PM - Eshleman Hall, 2nd Floor Conference Room, UC Campus
(6) 3x3 City Council/RSB Housing Committee - No meeting set.

Adjournment was at 9:54PM