RENT STABILIZATION BOARD
Monday, September 21, 2009
Maudelle Shirek Building
2134 Martin Luther King Jr. Way
City Council Chambers, Second Floor
Broadcast Live - KPFB - 89.3 (N. Berkeley)
BTV Cable Channel 33
1. Roll Call. - 7:00 PM
2. Approval of Agenda
3. Public Forum
4. Approval of August 17, 2009 regular meeting minutes.
5. Appeal Time Certain – 7:15 p.m.
a. Appeal T-4960 – 2321 Dwight Way #306. This is a landlord appeal of a hearing examiner decision which awarded the tenant rent overcharges for various habitability problems and directed the landlord to return the tenant’s security deposit. On appeal, the landlord alleges that the hearing examiner was biased against him, that he was entitled to retain a portion of the security deposit as late charges and that he had not received notice of the habitability problems. Upon review of the record, there was no evidence of bias on the part of the hearing examiner, there was insufficient evidence to permit the retention of the security deposit and there was substantial evidence to support the award of overcharges for habitability problems. For these reasons, staff recommends that the decision of the hearing examiner be affirmed.
b. Appeal E-60/T-4974 - 154 Avenida Drive. (Continued to October 19th regular Board meeting pursuant to petitioner’s request). This is a landlord appeal of a hearing examiner decision that the two unit property lost its exemption from the Rent Ordinance when the landlord offered to rent the unit she claimed was her principal residence. The hearing examiner also found that the landlord was required to refund the tenants’ entire security deposit. The landlord cited no evidence or presented a legal argument that compelled modification of the hearing examiner’s decision. For this reason, it is recommended that the decision of the hearing examiner be affirmed.
6. Action Items
a. From Board Members, Executive Director and Committees
(1) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties. (Executive Director)
Waiver No. Property Address
W-3775 1437 Hearst Avenue
W-3776 3114/3116/3118/3120 MLK Jr. Way
W-3777 3110 MLK Jr. Way
W-3782 1006 Hearst Avenue
W-3785 2842 Milvia Street
Waiver No. Property Address
W-3773 2401 Ward Street
W-3780 1619 Hopkins Street
W-3781 2310 Piedmont Avenue
W-3786 1635 Curtis Street
7. Information and Announcements
Please Note: The Board may move Information Items to the Action Calendar.
a. Reports from Board Members/Staff.
(1) Update on upgrades to RTS database. (Executive Director)
(2) Market Medians Report - January 1999 through June 2009. (Executive Director)
(3) September 9, 2009 memorandum concerning planned changes to the staffing model. (Executive Director)
(4) September 3, 2009 memorandum to Housing Advisory Commission concerning revisions to the City of Berkeley Relocation Ordinance. (Executive Director)
(5) Copy of letter from Ramiro Montoya concerning his pleasure with the services received at the Rent Board. (Executive Director)
(6) Copy of Court Order in Woodland Park Management, LLC v. City of East Palo Alto. (Executive Director)
(7) Leaflet on upcoming Energy Efficient Workshop. (Executive Director)
b. Announcements of upcoming Committee/Board Meetings.
(1) Budget and Personnel
a. September 3rd meeting agenda.
a. September 25, 2009 meeting agenda.
(3) IRA/AGA and Habitability
(4) Eviction/Section 8
(5) 4x4 City Council/RSB Housing Committee
(6) Ad Hoc Committee on Waiver Process
a. September 15th meeting agenda.
b. September 15th meeting minutes.
c. September 21st meeting agenda.
(7) Future Special Meetings
c. Discussion of items for possible placement on future agenda.