Berkeley Rent Stabilization Board Meeting Agenda: 05/16/2024

RENT STABILIZATION BOARD
regular Meeting
Thursday, may 16, 2024 – 7:00 p.m.
School District Board Room – 1231 Addison Street, Berkeley
Teleconference location: 1418-A 67th 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=6u9aivTslet7SqNRO_IBL3QRcsH57w.WN9X-NdkqPRvYdDc. 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
Thursday, May 16, 2024 
7:00 p.m.
School District Board Room – 1231 Addison Street, Berkeley
Teleconference location: 1418-A 67th Street, Berkeley

Video Archive (1:11)

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. 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.*
    
3. Approval of Agenda – 1 min.*
    
4. Public Comment – 2 min.*
    
5. CONSENT ITEMS – 1 min.*
   1. Approval of the April 18th regular meeting minutes
                    
6. 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-6044 (2432 Fulton Street)
   
   Appellant Landlord (“Landlord”) appeals the hearing decision granting in part and denying in part Petitioner Tenants’ (“Tenants”) Petition for Individual Rent Adjustment (“petition”), seeking a rent ceiling reduction due to certain claimed habitability and code violations of the rental unit located at 2432 Fulton Street, Berkeley, CA (“premises”).
    
   On appeal, Landlord claims that the hearing examiner erred in his determination that a 25% rent ceiling reduction was warranted for the Tenants’ claim alleging a rat infestation. Landlord appeals on the basis that: (1) a rent ceiling reduction for “pest control issues” is historically set at 10%, (2) work was performed immediately and on an ongoing basis to address the infestation, (3) there is a lack of evidence that the issue existed throughout the period in which the rent ceiling was reduced, (4) rodents are a prolific problem throughout the City of Berkeley (“City”), (5) rodents are often caused by a lack of cleanliness on part of residents, and (6) this issue did not exist prior to this tenancy. However, a review of the record confirms that the hearing examiner awarded an appropriate rent ceiling reduction for the rat infestation. Furthermore, the record shows that the hearing examiner’s decision is supported by substantial evidence and the decision of the hearing examiner should be affirmed.
    
7. 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 Simon-Weisberg) 
      
      (1) Recommendation to send a letter of support for the Alameda County Community Housing Needs Assessment survey – 3 min.*
        
      (2) Discussion and possible action regarding Decarbonization without Displacement – 3 min.* 
      
      (3) Demolition Ordinance Update – Status of City of Berkeley Demolition projects (Executive Director) – 3 min.*
       
   2. Recommendation to adopt proposed amendments to Regulation 1013 [Vacancy Rent Adjustment] to allow the Board to enforce AB 1620 – Second Reading (LIRA Committee) – 5 min.*
       
   3. Recommendation to adopt Resolution 24-12 approving an adjustment to the compensation package for Rent Stabilization Board Executive Director DéSeana Williams (Chair Simon-Weisberg & Commissioner Walker) – 5 min.*
       
   4. Recommendation to adopt Resolution 24-13 recognizing Jewish Voice for Peace in honor of Jewish Heritage Month (Chair Simon-Weisberg) – 3 min.* TO BE DELIVERED
       
   5. Recommendation to adopt Resolution 24-14 recognizing the Watermelon Club in belated honor of Arab Heritage Month (Chair Simon-Weisberg) – 3 min.* TO BE DELIVERED
       
8. 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. Update on the Rent Board office move to 2000 Center Street – Verbal (Executive Director/Board Secretary) – 5 min.* 
       
   2. Update on the Rent Board File Scanning Project – Verbal (Project Manager Basil Lecky) – 5 min.*
       
   3. Updated Commissioner attendance at Board/Committee meetings through the 1st quarter of 2024 (Board Secretary) – 1 min.*
       
   4. Deadline to submit agenda items/topics for May’s regular Rent Board meeting: Monday, June 10th by 5:00 p.m. (Board Secretary)
       
9. COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS
   1. Budget & Personnel Committee (Commissioner Walker, Chair) – 5 min.*
      Next regularly-scheduled meeting: Thursday, June 6th at 5:30 p.m. 
       
   2. Environmental Sustainability Committee (Commissioner Martinac, Chair) – 5 min.*
      Next regularly-scheduled meeting date: Wednesday, June 5th at 6:00 p.m.
       
   3. Eviction/Section 8/Foreclosure Committee (Commissioner Elgstrand, Chair) – 5 min.*
      Next regularly-scheduled meeting: To Be Announced (TBA)
       
   4. Legislation, IRA/AGA & Registration Committee (LIRA Committee) (Commissioner Kelley, Chair) – 5 min.*
      Next regularly-scheduled meeting:  TBA
       
   5. Outreach Committee (Vice-Chair Alpert, Chair) – 5 min.*
      Next regularly-scheduled meeting:  Monday, May 13th at 6:00 p.m.
      
      May 13th Agenda 
       
   6. 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
       
   7. 2 x 2 Committee on Housing: Rent Board/Berkeley Unified School District (Commissioner Marrero, Co-Chair) – 5 min.* 
      Next meeting date: TBA
       
   8. Ad Hoc Committee to Consider Rent Ordinance Amendments at the 2024 November General Election (Commissioner Johnson, Chair) – 5 min.*
      Next meeting date: TBA
       
   9. Updates and Announcements – 5 min.*
       
   10. Discussion of items for possible placement on future agenda – 5 min.*
        
10. CLOSED SESSION – Pursuant to California Government Code Section 54956.9(d)(4), the Board will convene in closed session for an update on litigation: 
    
    Amicus brief authorization for CP VI Admirals Code, LLC vs. City of Alameda, et al. (case pending appeal)
     
11. ADJOURNMENT