RENT STABILIZATION BOARD
Regular Meeting Minutes

Thursday
September 6, 2001
7:00 p.m.

APPROVED

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

Absent: Janowitz

Staff Present: Gelb, Kelly, Wyche

Item 1. Roll Call - 7:12PM

Item 2. Approval of the Agenda. APPROVED AS WRITTEN. M/S/C (Siegel/Alberti) Voice vote. Passed: 7-0-0-2. Absent: Maldonado, Janowitz.

Item 3. Public Forum. There were no speakers.

Item 4. Approval of the August 20, 2001 Regular Board Meeting Minutes. M/S/C (Siegel/Harris) APPROVED AS WRITTEN. Voice vote. Passed: 7-0-0-2. Absent: Maldonado, Janowitz.

Item 6.a.(1) Second 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. M/S/C (Siegel/Hogarth) TO ADOPT PROPOSED REGULATION 1301. A roll call vote was taken. Yes: Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: Maldonado, Janowitz. Passed: 7-0-0-2.

Item 6.a.(2) Second reading of proposed amendments to Regulation 1234 to provide: (1) that unless otherwise specified, the time to respond to an order or notice served by mail is extended by five days; and (2) that a party failing to perform an act by a date certain (except the filing of an appeal) may be relieved of the consequences of that failure upon a demonstration that there was good cause for the failure. M/S/C (Siegel/Hogarth) TO ADOPT PROPOSAL TO AMEND REGULATION 1234. A roll call vote was taken. Yes: Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: Maldonado, Janowitz. Passed: 7-0-0-2.

Item 6.a.(3) First reading of proposal to adopt regulation 1015 that permits an Ellis Act Notice of Intent to Withdraw Accommodations from Rent or Lease to be rescinded and the constraints placed on the property pursuant to Berkeley Municipal Code Chapter 13.77 to be removed upon a showing that no vacancies occurred, or will occur, as a consequence of the Ellis filing or that there are exceptional circumstances that warrant removing the constraints. M/S/C (Hogarth/Harris) Commissioner Siegel recused himself. APPROVE PROPOSAL TO ADOPT REGULATION 1015. A roll call vote was taken. Yes: Anderson, Bernay, Spector, Harris, Hogarth, Alberti; No: None; Abstain: None; Absent: Maldonado, Janowitz; Recused: Siegel. Passed: 6-0-0-2 - 1 recused.

Item 6.b.(1) Proposal to write a letter to the San Rafael City Council supporting the position of the mobile home owners opposing any diminution in rent control protection recommendation that the Board extend. M/S/C (Spector/Harris) TO APPROVE PROPOSAL TO WRITE A LETTER TO THE SAN RAFAEL CITY COUNCIL BEFORE SEPTEMBER 17, 2001, IN SUPPORT OF MOBILE HOME OWNERS. A roll call vote was taken. Yes: Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: Maldonado, Janowitz. Passed: 7-0-0-2.

Item 6.b.(2) Proposal that the Rent Stabilization Board be a co-sponsor of a Housing Forum sponsored by Alameda County Commission on Aging, to take place on Thursday, October 18, 2001 at St. Mary's Center in Oakland. M/S/C (Harris/Alberti) TO ADOPT PROPOSAL Voice vote. Passed: 7-0-0-2 Absent: Maldonado, Janowitz.

Item 6.b.(3) Proposal that the Board sponsor an all-state rent control conference in January 2003 and that the Board authorize the Executive Director to reserve a conference room for that conference soon. M/S/C (Hogarth/Alberti) TO ADOPT PROPOSAL AND TO AUTHORIZE THE EXECUTIVE DIRECTOR TO RESERVE A CONFERENCE ROOM IN A BERKELEY UNIONIZED HOTEL. Voice vote. Passed: 8-0-01 Absent: Janowitz.

Item 5. Appeal T-3941 - 1918 ½ Blake Street. (Continued from July 2, 2001 regular meeting.) Commissioner Spector made a request to separate the appeal into two issues: (1) Due Process - the question of whether the tenant had an opportunity to present his case in full at the hearing; and (2) Loss of use and enjoyment - were the inconveniences during construction significant enough to warrant a rent reduction.

(1) M/S/C (Maldonado/Harris) PETITIONER/TENANT WAS GIVEN A FAIR OPPORTUNITY TO PRESENT HIS CASE AT THE HEARING. A roll call vote was taken. Yes: Maldonado, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: Janowitz. Passed: 8-0-0-1.

(2) Substitute Motion: M/S/F (Hogarth/Siegel) TO REDUCE THE RENT FIVE PERCENT FOR A SIX MONTH PERIOD OR A TOTAL OF $22.50. A roll call vote was taken. Yes: Spector, Siegel, Hogarth, Alberti; No: Anderson, Bernay, Harris; Abstain: Maldonado; Absent: Janowitz. Failed. 4-3-1-1. M/S/F (Harris/Bernay) TO ACCEPT STAFF RECOMMENDATION. A roll call vote was taken. Yes: Anderson, Bernay, Harris, Alberti; No: Maldonado, Spector, Siegel; Abstain: Hogarth; Absent: Janowitz. Failed. 4-3-1-1. BECAUSE THE BOARD WAS UNABLE TO REACH A DECISION ON THIS MATTER AT TWO CONSECUTIVE BOARD MEETINGS, THE APPEAL IS DEEMED DENIED PURSUANT TO REGULATION 1242.

Item 5.b. Appeal T-3828 - 2522 Piedmont Avenue #7. Commissioner Hogarth made a request to separate appeal into two issues: (1) Was the landlord entitled to a Costa Hawkins vacancy rent adjustment in April of 1997; and (2) Did the hearing examiner error in finding that no policy of the landlords reduced the number of tenants allowed to occupy the subject unit.

(1) M/S/C (Spector/Maldonado) LANDLORD WAS ENTITLED TO A COSTA HAWKINS INCREASE IN APRIL OF 1997. A roll call vote was taken. Yes: Maldonado, Anderson, Spector, Harris, Alberti; No: Siegel, Hogarth; Abstain: Bernay; Absent: Janowitz. Passed. 5-2-1-1.

(2) M/S/C (Maldonado/Harris) TO AFFIRM STAFF RECOMMENDATION THAT THE TENANT WAS ENTITLED TO A RENT DECEASE FOR THE PERIOD DECEMBER 17, 1997 TO OCTOBER 16, 2000. A roll call vote was taken. Yes: Maldonado, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: Janowitz. Passed. 8-0-0-1.

Item 6.c.(1) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties:

Waiver No.          Location
2655                    1612 Hopkins Street
2664                    1404 Russell Street
2667                    1411 Kains Street
2669                    2128 Essex Street
2671                    2217 9th Street
2673                    2141 Ward Street
2674                    1613 6th Street
2675                    1329 66th Street
2676                    1306 Harmon Street
2677                    2238 Curtis Street
2678                    1615 Virginia Street
2681                    1548 Tyler Street
2686                    1646 Alcatraz Avenue

M/S/C (Harris/Siegel) TO ACCEPT STAFF RECOMMENDATIONS ON ALL WAIVERS LISTED. A roll call vote was taken. Yes: Maldonado, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: Janowitz. Passed. 8-0-0-1.

Item 6.c.(2) Request for guidance to staff on types of mediation they are permitted to do. Commissioner Siegel recused himself. M/S/C (Maldonado/Hogarth) TO AFFIRM THE EXECUTIVE DIRECTOR'S DECISION TO PROHIBIT HEARING EXAMINERS FROM NEGOTIATING MONETARY SETTLEMENTS IN ELLIS EVICTION BUYOUTS. Voice vote. 7-0-0-1-1 Absent: Janowitz; Recused: Siegel.

Item 6.c.(3) Proposal that the Rent Board adopt a resolution authorizing the Executive Director to transfer $35,000 to the City of Berkeley Housing to fund a half-time housing representative for Fiscal Year 2001/2002 in order to help implement the Rental Housing Safety Program (RHSP). M/S/C (Maldonado/Siegel) TO ADOPT RESOLUTION. A roll call vote was taken. Yes: Maldonado, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: Janowitz. Passed: 8-0-0-1.

Item 7. Announcements of upcoming Committee Meetings.

(1) Budget/Personnel - Monday, September 10 at 5:30pm - 2001 Center, 2nd Floor.
(2) Community Education & Outreach - Monday, September 10 at 10am - 2001 Center, 2nd Floor.
(3) Eviction - No meeting set.
(4) IRA/Annual General Adjustment - To be announced.
(5) Student Outreach & Internship - To be announced.
(6) 3x3 City Council/RSB Housing Committee - No meeting set.

Adjournment was at 10:27PM