Berkeley Rent Stabilization Board Meeting Agenda: 05/19/2022

*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.
    
3. Introduction of recently-hired Rent Board staff – 5 min.*
    
4. Approval of Agenda – 1 min.*
    
5. Public Comment – 2 min. per speaker for non-agendized items*
    
6. Public Comment – 2 min. per speaker for items on the agenda*
    
7. CONSENT ITEMS – 1 min.*
   1. Approval of the April 21, 2022 regular meeting minutes
   2. Proposal to approve staff recommendations on the following requests for waivers of late registration penalties (Executive Director/Registration Unit staff)
      
      Ministerial Waivers
      Waiver No.     Property Address
      
      N/A                 2535 RIDGE ROAD # A
      N/A                 2 PANORAMIC # 203
      N/A                 1116 PARKER ST
      N/A                 2627 FULTON AVE
      
      Discretionary Waivers
      Waiver No.     Property Address
      
      5022                1706 DERBY STR
      5023                1524 HEARST AVE
      5024                1192 CARRISON ST
       
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. L-4343 (2116 - 2118 Roosevelt Avenue)
   
   Landlord appeals a hearing decision dismissing a petition seeking rent ceiling increases for capital improvements.  The hearing examiner found that the work performed did not meet the specific definition of work eligible for capital improvement passthrough permissible under Regulation 1267.  On appeal, the landlord argues that significant aspects of the project improved the seismic safety of the property and thus qualifies as a capital improvement under Regulation 1267(C)(2), and the Board should therefore authorize passthrough of the costs for the work performed.  A review of the record and analysis of relevant Board precedent and case law, however, establishes that the hearing examiner correctly ruled on the issue, as the work did not qualify for a passthrough under Regulation 1267.  For this reason, legal staff recommends that the Board affirm the hearing examiner’s decision to dismiss the petition.
    
9. 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. Recommendation to adopt Resolution 22-11 to authorize the Executive Director to enter into a contract not to exceed $77,246 with The Social Science Research Center at California State University Fullerton to conduct the Board’s Tenant Survey (Outreach Committee & Executive Director) – 10 min.*
       
10. 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. City of Berkeley Rental Assistance update – Verbal (Executive Director) – 3 min.*
        
    2. Update on the May 9, 2022 “Fair Chance Access to Housing” webinar presented by the Berkeley Property Owners Association, Just Cities, and the Rent Board – Verbal (Executive Director) – 2 min.*
        
    3. May 4, 2022 Housing Element Update from the Planning Commission (Executive Director) – 1 min.*
        
    4. Rent Board’s participation in the May 20, 2022 “Rent Stabilization: Lessons Learned from Implementing Rent Stabilization Policies” webinar (Minneapolis/St. Paul) from  9:00 a.m - 11:00 a.m. Pacific Time – Verbal (General Counsel) – 2 min.*
        
    5. May 3, 2022 KTVU.com article by Alexa Mae Asperin titled, “California launches new program for first-time homebuyers”  (Commissioner Kelley) – 1 min.*
       https://www.ktvu.com/news/california-launches-new-program-for-first-time-homebuyers
        
    6. Date to submit agenda topics/items for June’s regular Rent Board meeting: Monday, June 6th at 5:00 p.m.  NOTE: This is a hard deadline and will be enforced.
        
11. COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS
    1. Budget and Personnel Committee (Commissioner Chang, Chair) – 5 min.*
       Next regularly-scheduled meeting:  Tuesday, May 17th at 5:00 p.m.
       
       May 17th agenda
        
    2. Eviction/Section 8/Foreclosure Committee (Commissioner Mendonca, Chair) – 5 min.*
       Next regularly-scheduled meeting: Thursday, June 23rd at 5:30 p.m.
       
       April 28th agenda 
        
    3. Legislation, IRA/AGA & Registration Committee (LIRA Committee) (Commissioner Kelley, Chair) – 5 min.*
       Next regularly-scheduled meeting:  TBA
        
    4. Outreach Committee (Commissioner Laverde, Chair) – 5 min.*
       Next regularly-scheduled meeting:  Wednesday, May 18th at 5:15 p.m.
       
       May 18th agenda
        
    5. 2 x 2 Committee on Housing: Rent Board/Berkeley Unified School District (Chair TBA) – 3 min.*
       Regularly-scheduled meeting date:  TBA
        
    6. 4 x 4 Joint Committee on Housing: City Council/Rent Board – 5 min.*
       (Mayor Arreguín and Chair Simon-Weisberg, Committee Co-Chairs)
       Next regularly-scheduled meeting:  Monday, June 22nd at 3:00 p.m.
       
       May 3rd agenda packet
        
    7. Ad Hoc Committee on Rent Board Technology Issues (Commissioner Selawsky, Chair) – 3 min.*
       Next meeting date:  TBA
        
    8. Ad Hoc Committee on the Status of Virtual Meetings (Chair TBA) – 3 min.*
       Next meeting date:  TBA
    9. Updates and Announcements – 3 min.*
        
    10. Discussion of items for possible placement on future agenda – 5 min.* 
         
12. ADJOURNMENT