City of Berkeley
Berkeley Rent Board
Print

Berkeley Rent Stabilization Board Meeting Agenda: 02/20/2025

For links to individual agenda items for this meeting, please see below.

RENT STABILIZATION BOARD
Regular Meeting
Thursday, February 20, 2025 – 6:30 p.m.
School District Board Room – 1231 Addison Street, Berkeley, CA

PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED IN A HYBRID MODEL WITH BOTH IN-PERSON ATTENDANCE AND VIRTUAL PARTICIPATION.
For in-person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

To access this meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device by clicking on this URL: https://us06web.zoom.us/j/87123301507?pwd=UDg5s5XuNL5F06UWa919MazzVPBa5V.1. If you do not wish for your name to appear on the screen, then use the drop-down menu and click on "Rename" to rename yourself to be anonymous. To request to speak, use the “Raise Hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-6833 and enter Webinar ID: 871 2330 1507 and Passcode: 495852. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit a written communication for the Board’s consideration and inclusion in the public record, please email amueller@berkeleyca.gov with the Subject line in this format: “RENT BOARD MEETING PUBLIC COMMENT ITEM.” Please observe a 150-word limit. Email comments must be submitted to the email address above by 3:30 p.m. on the day of the meeting in order to be included.

Please be mindful that this will be a public meeting and all rules of procedure and decorum apply for both in-person attendees and those participating by teleconference or videoconference. 

This meeting will be conducted in accordance with Government Code Section 54953 and all current state and local requirements allowing public participation in meetings of legislative bodies. Any member of the public may attend this meeting at the posted location(s). Question regarding the matter may be addressed to DéSeana Williams, Executive Director, at (510) 981-7368 (981-RENT). The Rent Board may take action related to any subject listed on the 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 the Disability Services Specialist at (510) 981-6418 (voice) or (510) 981-6347 (TDD) at least three (3) business days before the meeting date.

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.

RENT STABILIZATION BOARD
Regular Meeting
Thursday, February 20, 2025
6:30 p.m.
School District Board Room – 1231 Addison Street, Berkeley, CA

Video Archive (4:22) 

AGENDA

*Times allotted for each item are approximate and may be changed at the Board’s discretion
  during the course of this meeting.

  1. Roll call – 1 min.*
     
  2. Approval of Agenda – 1 min.*
     
  3. Closed Session: Pursuant to California Government Code Section 54956.9(a), the Board will convene in closed session for an update on litigation:

    ALAN WOFSY & ASSOCIATES, a California corporation (dba Hearst Commons), on behalf of itself and all others similarly situated VS. BERKELEY RENT STABILIZATION BOARD (Alameda County Superior Court Case No. 23CV043503)
     
  4. Land Acknowledgment Statement: The Berkeley Rent Stabilization Board recognizes that the rental housing units we regulate are built on the territory of xučyun (Huchiun-(Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s landlords and tenants have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878 and since the Rent Stabilization Board’s creation in 1980. As stewards of the laws regulating rental housing, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. – 2 min.*
     
  5. Public Comment – 2 min.* 
     
  6. Public Comment for Unions representing Rent Board staff – 5 min.*
     
  7. CONSENT ITEMS – 1 min.*
    1. Approval of the January 16th regular meeting minutes
       
    2. Proposal to approve staff recommendations on the following requests for waivers of late registration penalties (Executive Director/Registration Unit Manager)

      Ministerial Waivers
      Property Address

      2435 Jefferson Ave
      1730 Parker St 
      914 Delaware St 
      2727 Stuart St 
      775 Colusa Ave 
      1518 Harmon St 
      2632 Warring St #8 
      1788 Sonoma Ave 
      1205 Bancroft Way 
      1849 Arch St #B 
      2555 Sacramento St
      716 Cragmont Ave
      2626 Hillegass St #A
      2910 California St


      Discretionary Waivers
      Waiver No.     Property Address

      W5140             2020 Berkeley Way
      W5141             2828 College Ave
      W5142             1685 San Lorenzo Ave 
      W5143             1025 Heinz Ave 
      W5142             1545 Dwight Way 
       
  8. APPEAL – 7:30 p.m.**
    **This appeal will not be heard before 7:30 p.m. but may be heard any time thereafter.

    Case No. T-6020 (Compliance Decision) / T-6086 (2410 Stuart St., Unit D)

    Tenant Appellants (“Tenants”) filed an appeal of a hearing decision finding Landlord Respondent in compliance with the hearing decision in T-6020 and granting in part and denying in part T-6086, Tenants’ Petition for Individual Rent Adjustment (“petition”), seeking a rent ceiling reduction due to certain claimed substantial conditions of the rental unit located at 2410 Stuart Street, Unit D, Berkeley, California 94705  (“premises”).

    On appeal, Tenants argue that the decision made by the Hearing Examiner was unfair, arbitrary, and violated their due process rights. They further assert that the decision lacked substantial evidence to support its conclusion. However, Tenants do not provide specific examples of misconduct by the Hearing Examiner, nor do they identify what alternative evidence would support a different outcome. Tenants fail to provide any legal or factual basis to overturn the Hearing Examiner’s decision, and the decision should be upheld.
     
  9. APPEAL – 8:00 p.m.**
    **This appeal will not be heard before 8:00 p.m. but may be heard any time thereafter.

    Case No. T-6079 (2810 Derby Street, Unit A)

    Appellant Tenants (“Tenants”) appeal the hearing decision granting in part and denying in part Tenants’ Petition for Individual Rent Adjustment (“petition”), seeking a rent ceiling reduction due to certain claimed habitability and code violations at the rental unit located at 2810 Derby Street, Unit A, Berkeley, CA (“premises”).

    On appeal, Tenants dispute the hearing examiner’s denial of rent reductions for their claim regarding lead exposure. Tenants also dispute the amount of the rent ceiling reduction granted by the hearing examiner for the claims relating to onsite laundry services, defective windows, and mold growth. Tenants further claim Landlords’ testimony amounted to perjury and that the hearing examiner showed bias against Tenant and Tenants’ attorney representative. Tenants’ appeal simply repeats arguments and testimony previously submitted, and a review of the record shows that the decision is supported by substantial evidence. In addition, Tenants’ fail to prove bias or misconduct by the hearing examiner. Therefore, the decision of the hearing examiner should be affirmed.
     
  10. ACTION ITEMS
    from Board Members, Committees, Executive Director or Staff

    Public comment will also be heard prior to the Board’s vote on each action item listed below – 1 min. per speaker*
    1. Chair Update (Chair Alpert) – 5 min.*
       
    2. Recommendation to adopt Resolution 25-01 Affirming the Rent Stabilization Board’s Support for and Compliance with the City of Berkeley’s Sanctuary Policies (Chair Alpert & Commissioner Marrero) – 5 min.*
       
    3. Recommendation to adopt Resolution 25-02 authorizing the Executive Director to execute a contract amendment with Goldfarb & Lipman LLP in an amount not to exceed $275,000 (General Counsel) – 5 min.*
       
  11. INFORMATION, ANNOUNCEMENTS AND ARTICLES/MEDIA
    from Board Members, Committees, Executive Director or Staff

    NOTE:  The Board may vote to move Information Items to the Action calendar.
     
    1. Copy of Measure BB bulletin and postcards mailed to Berkeley property owners and tenants (Executive Director) – 3 min.*
       
    2. Deadline to submit agenda items/topics for the March regular Rent Board meeting: Monday, March 10th by 5:00 p.m. (Board Secretary)
       
  12. COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS
    1. Budget & Personnel Committee (Chair To Be Announced (TBA)) – 5 min.*
      Next regularly-scheduled meeting: Tuesday, February 18th at 5:30 p.m.

      February 18th agenda
       
    2. Climate Resilience & Habitability Committee (Chair TBA) – 5 min.*
      Next regularly-scheduled meeting date: TBA 
       
    3. Eviction/Section 8/Foreclosure Committee (Chair TBA) – 5 min.*
      Next regularly-scheduled meeting: TBA
       
    4. Legislation, IRA/AGA & Registration Committee (LIRA Committee) (Chair TBA) – 5 min.*
      Next regularly-scheduled meeting: TBA
       
    5. Outreach Committee (Commissioner Kelley, Chair) – 5 min.*
      Next regularly-scheduled meeting: Monday, March 10th at 6:30 p.m. 

      February 10th agenda
       
    6. 2 x 2 Committee on Housing: Rent Board/Berkeley Unified School District 
      (Co-Chair TBA) – 5 min.*
      Next meeting date: TBA 
       
    7. 4 x 4 Joint Task Force Committee on Housing: City Council/Rent Board – 5 min.*
      (Chair and Co-Chair TBA)
      Next regularly-scheduled meeting: TBA
       
    8. Updates and Announcements – 5 min.*
       
    9. Discussion of items for possible placement on future agenda – 5 min.*
       
  13. Closed Session: Pursuant to California Government Code Section 54957(b)(1), the Board will convene in closed session for a Public Employee contract discussion: 

    Title: General Counsel
     
  14. ADJOURNMENT

     

News

Aimee Mueller, Board Secretary
Email: AMueller@berkeleyca.gov
Phone: (510) 981-4932