Berkeley Rent Stabilization Board Meeting Agenda: 03/21/2024
For links to individual agenda items for this meeting, please see below.
RENT STABILIZATION BOARD
Regular Meeting and public hearing on Proposed increase to
annual registration fees for Fiscal year 2024-2025
Thursday, March 21, 2024 - 7:00 p.m.
School District Board Room - 1231 Addison Street, Berkeley
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/86351823870?pwd=StV8iv1VnftDeahcLsszUQPN5RdeeE.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 1-669-444-9171 and enter Webinar ID: 863 5182 3870 and Passcode: 662299. 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 4:00 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). Questions regarding this 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 and Public Hearing on Proposed Increase to
Annual Registration Fees for Fiscal Year 2024-2025
Thursday, March 21, 2024
7:00 p.m.
School District Board Room - 1231 Addison Street, Berkeley
Video Archive (3:38)
AGENDA
*Times allotted for each item are approximate and may be changed at the Board’s discretion during the course of this meeting.
- Roll call – 1 min.*
- 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.*
- Approval of Agenda – 1 min.*
- Public Comment – 2 min.*
- SPECIAL PRESENTATION – Berkeley Unified Board Room Facility Report by Max Eissler, Director of Technology, Berkeley Unified School District (BUSD), and David Flores, Executive Director, Berkeley Community Media (BCM) – 20 min.*
- CONSENT ITEMS – 1 min.*
- 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. IRD-176 (1719 Carleton St., Unit C)
Appellant Tenant appeals the hearing decision granting Petitioner Landlord’s Petition for Determination of Eligibility to Set Initial Rent (“petition”) for the tenancy at 1719 Carleton Street Unit C Berkeley, CA (“premises”).
Appellant Tenant claims that the hearing examiner, by relying on false evidence, erred in his determination that Petitioner Landlord is entitled to establish an initial rent and reset the rent ceiling for the premises because the last remaining original occupant no longer permanently resided at the premises. However, a review of the record verifies reliable and sufficient evidence that Appellant Tenant was the last remaining original occupant and that Appellant Tenant no longer permanently resides at the premises. As such, Petitioner Landlord is entitled to establish an initial rent and reset the rent ceiling for the premises as authorized under Civil Code § 1954.53(d)(2) and Board Regulation 1013(O)(1).
Most importantly, Appellant Tenant’s appeal fails to provide any evidentiary support of a plan to return to the premises as her primary residence or any indication of presently occupying the premises as such. Appellant Tenant’s failure to provide objective indications of an intent to return (or that she has returned) to the premises, despite the hearing examiner providing multiple opportunities to do so, confirms that the decision of the hearing examiner should be affirmed.
- PUBLIC HEARING ON PROPOSED INCREASE TO THE ANNUAL REGISTRATION FEES FOR FISCAL YEAR (FY) 2024-2025
- Staff presentation on the proposed increase to FY 2024-2025 Annual Registration Fees (Finance Director Shamika Cole and Senior Planner Lief Bursell)
- Public Comment
- Comments from the Board
- Staff presentation on the proposed increase to FY 2024-2025 Annual Registration Fees (Finance Director Shamika Cole and Senior Planner Lief Bursell)
- 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*- Chair Update (Chair Simon-Weisberg)
(1) Demolition Ordinance Update – Status of City of Berkeley Demolition projects (Senior Planner Lief Bursell) – 5 min.*
(2) Joint report: “The Failure of For-Profit Affordable Housing and How Tenants are Organizing for Change” (East Bay Community Law Center and Urban Habitat) – 10 min.*
(3) Recommendation to send a letter to Assemblymember Bonta opposing Assembly Bill (AB) 846 unless amended – 3 min.*
- Recommendation to adopt Resolution 24-05 setting the FY 2024-2025 annual registration fee for fully-covered units (due July 1, 2024) at $342 per unit (Budget & Personnel Committee and Executive Director) – 20 min.*
- Recommendation to adopt Resolution 24-06 setting the FY 2024-2025 annual registration fee for partially-covered Measure MM units (due July 1, 2024) at $212 per unit (Budget & Personnel Committee and Executive Director) – 15 min.*
- Recommendation to adopt Resolution 24-07 setting the FY 2024-2025 annual registration fee for partially-covered Measure MM units in affordable housing projects (due July 1, 2024) at $53 per unit (Budget & Personnel Committee and Executive Director) – 15 min.*
- Recommendation to adopt Resolution 24-08 setting the Summer Rental Period registration fee for fraternities and sororities for FY 2024-2025 (due July 1, 2024) at $96 per unit (Budget & Personnel Committee and Executive Director) – 10 min.*
- Recommendation to adopt Resolution 24-09 authorizing the Executive Director to modify the scope of the contract with Kinnectics, LLC, and increase the contract by an amount not to exceed $45,000 for the current fiscal year (Executive Director) – 5 min.*
- Discussion and possible action to adopt Resolution 24-10 to express support for the proposed Demolition Ordinance amendments that Council will consider on March 26, 2024, and direct Chair to send a letter of support to Council (Chair Leah Simon-Weisberg) – 15 min.*
- Chair Update (Chair Simon-Weisberg)
- 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.- Updated 2024 Committee Assignments List (Board Secretary) – 1 min.*
- Update on the Rent Board office move to 2000 Center Street – Verbal (Executive Director/Board Secretary) – 5 min.*
- Update on the Rent Board File Scanning Project – Verbal (Project Manager Basil Lecky) – 5 min.*
- Deadline to submit agenda items/topics for April’s regular Rent Board meeting: Friday, April 5th by 5:00 p.m. (Board Secretary)
- Updated 2024 Committee Assignments List (Board Secretary) – 1 min.*
- COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS
- Budget & Personnel Committee (Commissioner Walker, Chair) – 5 min.*
Next regularly-scheduled meeting: Thursday, April 4th at 5:30 p.m.
March 7th agenda
February 23rd agenda
- Environmental Sustainability Committee (Commissioner Martinac, Chair) – 5 min.*
Next regularly-scheduled meeting date: Wednesday, April 3rd at 6:00 p.m.
- Eviction/Section 8/Foreclosure Committee (Commissioner Elgstrand, Chair) – 5 min.*
Next regularly-scheduled meeting: Tuesday, April 23rd at 6:00 p.m.
- Legislation, IRA/AGA & Registration Committee (LIRA Committee) (Commissioner Kelley, Chair) – 5 min.*
Next regularly-scheduled meeting: To Be Announced (TBA)
- Outreach Committee (Vice-Chair Alpert, Chair) – 5 min.*
Next regularly-scheduled meeting: Monday, April 8th at 6:00 p.m.
- 4 x 4 Joint Task Force Committee on Housing: City Council/Rent Board – 5 min.*
(Mayor Arreguín and Chair Simon-Weisberg, Co-Chairs)
Next regularly-scheduled meeting: TBA
- 2 x 2 Committee on Housing: Rent Board/Berkeley Unified School District Commissioner Marrero) – 5 min.*
Next meeting date: TBA
March 11th agenda
- Ad Hoc Committee to Consider Rent Ordinance Amendments at the 2024 November General Election (Commissioner Johnson, Chair) – 5 min.*
Next meeting date: TBA
- Updates and Announcements – 5 min.*
- Discussion of items for possible placement on future agenda – 5 min.*
- Budget & Personnel Committee (Commissioner Walker, Chair) – 5 min.*
- ADJOURNMENT