RENT STABILIZATION BOARD
Monday, January 24, 2011
Maudelle Shirek Building
2134 Martin Luther King Jr. Way
Council Chambers, Second Floor
Broadcast Live – KPFB – 89.3
(N. Berkeley) and BTV Cable Channel 33
(3 hrs, 24 mins)
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1. Roll call – Closed Session: 6:30 p.m. Regular Meeting: 7:00 p.m.
2. Closed Session – 6:30 p.m.
CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation
Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code: several potential cases related to registration compliance.
3. Approval of Agenda
4. Public Forum
5. Approval of December 13, 2010 regular meeting minutes
6. Special Order of Business
Fond farewell to Pam Wyche upon her retirement from the City and Rent Board after more than 28 years of service to the citizens of Berkeley.
7. Special Order of Business
a. Election of Chairperson
Executive Director conducts election for Chair.
b. Election of Vice Chairperson:
Newly-elected Chair conducts election for Vice-Chair.
c. Comments by new Chairperson and Vice-Chairperson
Opportunity for the newly-elected Chairperson and Vice-chairperson to speak.
8. Presentation by Rent Board Legislative Advocate, Christine Minnehan
Christine Minnehan will update the Board on proposed housing legislation.
9. Appeal Time Certain – 8:00 p.m.
a. Appeal T-5109 – 1951 Chestnut Street, Unit #312
Landlord appeals a hearing examiner decision ordering the landlord to refund a total of $1,579.28 ($1,425.00 for security deposit and $154.28 for rent overcharges related to habitability violations and decreases in services) to tenant. On appeal, the landlord argues that he was entitled to deduct unpaid rent from the security deposit, because the tenant breached her lease by surrendering possession before the contract terminated. Landlord also argues that the hearing examiner awarded too much for the rent overcharges. A review of the record and analysis of relevant case law, however, establishes that the hearing examiner correctly ruled on the issue of rent overcharges related to the habitability violations but did not properly analyze the issue of whether more of the last month’s rent/security deposit should be returned to the tenant. For this reason, legal staff recommends that the Board affirm the amount of the decision related to the award for rent overcharges due to habitability violations and decrease in services ($154.28) but remand the case to the hearing examiner with specific instructions to determine whether the tenant is entitled to retain any portion of the last month’s rent/security deposit.
10. Action Items
a. From Board Members, Executive Director and Committees
(1) Discussion and approval of possible revised 2011 Calendar Year Rent Board Meeting Schedule (Executive Director) PDF file
(2) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties (Executive Director) PDF file
Waiver No. Property Address
3878 1670 Shattuck Avenue (Continued from December 13, 2010 meeting)
11. Information and Announcements
Please Note: The Board may move Information Items to the Action Calendar.
a. Reports from Board Members/Staff
(1) Update on recent staffing changes and pending recruitments (Executive Director)
(2) Copy of January 25, 2011 Council report on the Affordable Housing Impact Fee (Executive Director) PDF file
(3) Copy of October 10, 2010 Affordable Housing Fee Nexus Study prepared by Bay Area Economics (BAE) (Executive Director)
(4) Copy of January 10, 2010 communication to the City Council from Jose Duarte titled “Unlawful Revision of the Good Cause Ordinance” (Executive Director)
(5) Update on RTS computer system (Executive Director)
(6) Market Median Report for the period January 1999 – December 2010 (Executive Director)
b. Updates and Announcements regarding Committee/Board Meetings
(1) Budget and Personnel
(3) IRA/AGA and Habitability
(4) Eviction/Section 8/Foreclosure
a. December 20, 2010 agenda
(5) Safe & Sustainable Housing
a. January 24, 2011 agenda
(6) 4 x 4 City Council/RSB Housing Committee
(7) Ad Hoc Committee on Waiver Process
(8) Future Special Meetings
c. Discussion of items for possible placement on future agenda
COMMUNICATION ACCESS INFORMATION:
This meeting is being held in a wheelchair-accessible location. To request disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, pleasecontact Aimee Mueller at 981-4932 or 981-6903 (TDD) at least three business days before the meeting date.
Please refrain from wearing scented products to this meeting.