RENT STABILIZATION BOARD
Monday, October 15, 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
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1. Roll call – 7:00 p.m.
2. Approval of Agenda
3. Public Forum
4. Approval of prior meeting minutes:
a. September 10, 2012 Regular Meeting minutes
b. September 24, 2012 Special Meeting minutes
5. Appeal Time Certain – 7:15 p.m.
Appeal T-5239 (2113 – 10th Street, Unit #8) – CONTINUED from September 10th meeting
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) Recommendation to adopt Regulation 1135 – the proposed Annual General Adjustment (AGA) for 2013 (Executive Director and IRA/AGA/Habitability Committee)
(2) Request by Planning Department to review “rent control” status of proposed project at 2517 Regent Street (Executive Director)
(3) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties (Executive Director)
60-Day Administrative Waivers (Informational Only)
The Board will be presented with a list of 260 properties totaling $239,574 in penalties that have been administratively waived in accordance with Regulation 883.
Waiver No. Property Address
4102 1908 Haste Street
Waiver No. Property Address
4149 1230 Burnett Street
4157 2424 Prince Street
4163 897 Cragmont Avenue
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 implementation of Regulation 1282 (Executive Director)
(2) Final 2012 California State Legislation Report from Christine Minnehan & Associates (Executive Director)
(3) September 18, 2012 Council item titled, “Tenant Immigration Status Ordinance” (Executive Director)
(4) Fall 2012 edition of the Rent Board’s newsletter, “Berkeley Rental News” (Executive Director)
(5) October 11, 2012 Daily Californian article by Daphne Chen titled, “Two slates running for Berkeley Rent Board” (Chair Stephens)
(6) October 4, 2012 Daily Californian article by Gautham Thomas titled, “Homeowner Bill of Rights to protect renters, investigate fraud” (Commissioner Tregub)
(7) September 9, 2012 Daily Californian article by Ally Rondoni titled, “Reconstruction slow for popular restaurants destroyed by fire” (Commissioner Harr)
b. Updates and Announcements regarding Committee/Board Meetings
(1) Budget and Personnel
a. August 21st minutes
b. September 24th agenda/meeting continuation notice
a. April 27th minutes
b. June 29th minutes
c. September 21st agenda
(3) IRA/AGA and Habitability
a. October 15th agenda
(4) Eviction/Section 8/Foreclosure
a. September 12th minutes
b. October 10th agenda
(5) Safe & Sustainable Housing
(6) Waivers Committee
a. September 18th agenda
(7) Ad Hoc Committee on Smoke-Free Housing
a. June 1st minutes
b. July 20th minutes
c. October 19th agenda
(8) 4 x 4 City Council/RSB Housing Committee
(9) Future Special Meetings
c. Discussion of items for possible placement on future agenda
8. CLOSED SESSION – The Board will convene in Closed Session pursuant to California Government Code § 54957(b).
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Executive Director
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.