RENT STABILIZATION BOARD
Monday, December 17, 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
(2 hrs, 2 mins)
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1. Roll call – 7:00 p.m.
2. Approval of Agenda
3. Public Forum
4. Special Order of Business
a. Introduction of Boardmembers-elect
b. Oath of Office of Boardmembers-elect: The Berkeley City Clerk will administer the Oath of Office to Boardmembers-elect.
c. Election of Chairperson: The Executive Director conducts the election for the Board’s Chair.
d. Election of Vice Chairperson: The newly-elected Chairperson conducts the election for the Board’s Vice Chair.
e. Comments from the newly-elected Chair, Vice Chair and Boardmembers: Newly-elected Boardmembers, Chair and Vice Chair will speak as desired.
5. Special Order of Business
a. Resolution to be presented to former Commissioner Nicole Drake acknowledging her four years of service as a Rent Board Commissioner (to be distributed)
b. Resolution to be presented to former Commissioner Igor Tregub acknowledging his four years of service as a Rent Board Commissioner (to be distributed)
6. Approval of prior meeting minutes
a. October 15, 2012 Regular Meeting minutes (held over from November 19th meeting)
b. November 19, 2012 Regular Meeting minutes
7. Appeal Time Certain – 7:30 p.m. - Appeal L-4057 (2708 McGee Avenue)
Landlord appeals a decision denying a rent increase petition for increased occupancy. Landlord argues on appeal that, given the language in Rent Ordinance Section 13.76.120C.4., the Board has exceeded its authority by adopting Rent Board Regulation 1270, which does not allow rent increases for additional tenants who are children of the tenants. Landlord ignores, however, that significant case law exists to support Regulation 1270’s denial of rent increases for children of tenants. Moreover, courts have consistently held that an administrative agency’s interpretation of its own regulations is entitled to great deference unless it is clearly erroneous. A review of the record and relevant case law thus establishes that the hearing examiner correctly ruled on the issue raised in the petition. Therefore, the decision should be affirmed.
8. Action Items
a. From Board Members, Executive Director and Committees
(1) Discussion and possible action regarding approval of the proposed Rent Stabilization Board 2013 Calendar Year Meeting Schedule (Chair Stephens and Executive Director)
(2) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties (Executive Director)
Waiver No. Property Address
4167 1533 Harmon Street
4168 1630 Harmon Street
4170 2143 Cedar Street
4173 1630 University Avenue
4176 2018 University Avenue
9. Information and Announcements
Please Note: The Board may move Information Items to the Action Calendar.
a. Reports from Board Members/Staff
(1) November 27, 2012 Council item titled, “Condominium Conversion Program – Annual Report” (Executive Director)
(2) Update on Council action concerning Proposed BMC Chapter 13.79 – Automatically Renewing Leases (Executive Director)
(3) December 5, 2012 East Bay Express article by David Downs titled, “Alameda County Courts the Hackers” (Commissioner Dodsworth)
(4) July 2012 American Journal of Sociology article by Matthew Desmond of Harvard University titled, “Is Eviction the New Incarceration?” (Executive Director)
b. Updates and Announcements regarding Committee/Board Meetings
(1) Budget and Personnel
a. November 16th agenda
(3) IRA/AGA and Habitability
a. October 15th minutes
b. December 14th agenda
(4) Eviction/Section 8/Foreclosure
a. October 10th minutes
b. November 14th agenda
(5) Safe & Sustainable Housing
(6) Waivers Committee
a. September 18th minutes
b. December 10th Agenda
(7) Ad Hoc Committee on Smoke-Free Housing
a. December 21st agenda
(8) 4 x 4 City Council/RSB Housing Committee
(9) Future Special Meetings
c. Discussion of items for possible placement on future agenda
1. Outreach to tenants on emergency supply cache program
2. If/when to ask clients for the address of the property they are calling about
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.