RENT STABILIZATION BOARD
Monday, September 10, 2012
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
(1 hr, 43 mins)
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1. Roll call – 7:00 p.m.
2. Approval of Agenda
3. Public Forum
4. Approval of August 20, 2012 Regular Meeting minutes - To Be Delivered
5. Appeal Time Certain – 7:15 p.m. - Appeal T-5239 (2113 – 10th Street, Unit #8)
Master tenant appeals a hearing examiner decision ordering him to refund a total of $1,430.79 in rent overcharges due to illegally high rent. The decision also clarified that the subtenant petitioner’s monthly rent ceiling for the room he occupies is $367.15 and the landlord must return all post-May 2012 rent collected in excess of that amount. On appeal, the master tenant submits a great deal of new evidence not presented at the hearing and argues that the Board should remand the hearing examiner’s decision because he was not able to attend the hearing and present this evidence. A review of the record establishes that the hearing examiner correctly ruled on the issues in the record and that the case should not be remanded. Therefore, the decision should be affirmed.
6. Action Items
a. From Board Members, Executive Director and Committees
(1) Discussion and possible action regarding endorsing a "Yes" vote on two Berkeley ballot measures: Measure N - General Obligation Bond for Pools and Associated Facilities and, Measure O - Special Tax to Fund Operation and Maintenance of the Replacement Warm Water and Willard Pools (Commissioners Stephens, Tregub and Blake)
(2) Executive Director’s performance evaluation (Commissioners Harr and Townley)
(3) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties (Executive Director)
Waiver No. Property Address
4148 1363 Addison Street
4152 2831 Hillegass Avenue
4153 1432 Carleton Street
Waiver No. Property Address
4146 1410 Cornell Avenue
4147 1522 Woolsey Street
4151 1306 Cornell Avenue
4159 1349 Rose 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 staffing and Community Services Specialist I selection (Executive Director) – Verbal
(2) Flier for the Rent Board workshop – “Owning Rental Property in Berkeley” – on Tuesday, September 11th at 5:30 p.m. in the Berkeley Central Library Meeting Room (Executive Director)
(3) Announcement of new Rent Board informational video series titled, “What You Need to Know – A Short Series for Landlords and Tenants” now available on the Rent Board’s Web site (Executive Director) – Verbal
(4) Copy of letter to U.C. Berkeley Associate Vice Chancellor LeNorman Strong regarding construction of additional student housing (Executive Director)
(5) Voter Registration for New Tenancies (Commissioner Tregub)
(6) Update on remote access to hearings recordings for Commissioners (Executive Director) – Verbal
(7) August 20, 2012 communication from Carol Denney to Berkeley City Council regarding posting fliers in Berkeley’s Constitution Square (Executive Director)
(8) August 22, 2012 Rooflines.org article by Barbara Sard titled, “Time for a Renters’ Tax Credit” (Executive Director)
(9) September 2, 2012 San Francisco Chronicle article by Carolyn Said titled, “Renters get boot with big rate hike” (Executive Director)
b. Updates and Announcements regarding Committee/Board Meetings
(1) Budget and Personnel
a. June 17th minutes
(3) IRA/AGA and Habitability
(4) Eviction/Section 8/Foreclosure
a. Sept. 12 agenda
(5) Safe & Sustainable Housing
a. May 9th minutes
b. August 28th agenda
(6) Waivers Committee
(7) Ad Hoc Committee on Smoke-Free Housing
a. August 16th meeting cancellation notice
(8) 4 x 4 City Council/RSB Housing Committee
(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, please contact 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.