RENT STABILIZATION BOARD
Monday, February 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
(2 hrs, 32 mins)
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1. Roll call – 7:00 p.m.
2. Approval of Agenda
3. Public Forum
4. Approval of January 24, 2011 regular meeting minutes
5. Appeal Time Certain – 7:30 p.m.
a. Appeal T-5025 and L-3969 – 3030 College Avenue
Landlord appeals a hearing examiner’s Compliance Decision on Reconsideration. The Rent Board granted reconsideration of the initial compliance decision because the hearing examiner was notified that neither the tenant nor his representative received landlord’s compliance claim and that had the tenant received it, he would have objected to it. On appeal, landlord’s only argument is that his compliance notice was properly served and that the tenant did not file an objection with the Rent Board within the required two week time frame. A review of the record, however, establishes that the landlord was aware that the tenant would not receive the compliance notice in the manner in which he sent it. Therefore, the hearing examiner correctly determined that the initial compliance decision should have been reconsidered. For this reason, legal staff recommends that the Board affirm the hearing examiner’s decision.
b. Appeal T-5129 and T-5130 – 2412 Atherton Street, #4-1 and #2
Tenants appeal a hearing examiner decision ordering the landlord to refund $444.30 to Edward Blair, Tenant at 2412 Atherton Street, #4-1, and $258.52 to Mark Okada, Tenant at 2412 Atherton Street, #2, for various rent overcharges related to habitability violations and decrease in services. On appeal, both Tenants argue that a Rent Board employee told them they would be entitled to a rent reduction for a decrease in laundry service before the hearing examiner denied it and that Mr. Okada does not bear responsibility for the deterioration of the back porch and stairs. Mr. Okada also argues that he was entitled to a larger rent reduction for the water damage in the kitchen. Both tenants also request clarification regarding the hearing examiner’s explanation of how to resolve the issue of who maintains control of the laundry facilities. A review of the record establishes that the hearing examiner correctly ruled on the issue of rent overcharges related to the habitability violations and decrease in services. For this reason, legal staff recommends that the Board affirm the hearing examiner’s decision.
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
3894 1815 Addison Street
Waiver No. Property Address
3867 1192 Carrison Street
3871 2520-2522 – 10th Street
3891 1211 Parker Street
3892 2011 – 8th Street
3893 1600 Kains Avenue
3898 1616 Allston Way
3905 3025 Shattuck Avenue
7. Information and Announcements
Please Note: The Board may move Information Items to the Action Calendar.
a. Reports from Board Members/Staff
(1) Report and possible action on completing the RTS upgrade project (Executive Director) (To be delivered)
(2) 2011 Committee Assignments (Chair)
(3) Update on recent staffing changes and pending recruitments (Executive Director)
(4) Update on City Council action regarding Maximizing the Affordable Housing Impact Fee (Executive Director)
(5) Report regarding Rent Stabilization and Seismic Improvements for Soft Story Properties (Executive Director)
(6) Discussion and possible action concerning the option of holding additional meetings to address the emerging backlog in appeals (Chair and Executive Director)
(7) Discussion regarding an alternative voting procedure for election of a Chairperson and Vice-Chairperson (Board)
(8) Announcement of March 25, 2011 meeting on Preserving Affordable Housing and Preventing Displacement in the Current Budget Crisis (Tregub)
b. Updates and Announcements regarding Committee/Board Meetings
(1) Budget and Personnel
a. January 28, 2011 Agenda
(3) IRA/AGA and Habitability
(4) Eviction/Section 8/Foreclosure
a. November 8, 2010 Minutes
(5) Safe & Sustainable Housing
(6) 4 x 4 City Council/RSB Housing Committee
(7) Ad Hoc Committee on Waiver Process
(8) Ad Hoc Committee on State Legislation
a. January 28, 2011 Agenda and draft Minutes
(9) 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.