Berkeley Rent Board
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Berkeley Rent Stabilization Board Meeting Agenda: 09/15/2022

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

RENT STABILIZATION BOARD
Regular Meeting
Thursday, September 15, 2022
7:00 p.m.
 

PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e)(3), City Council Resolution 70,030-N.S., and City of Berkeley Rent Stabilization Board (Rent Board) Resolution 21-29, this meeting of the Rent Board will be conducted exclusively through teleconference and Zoom videoconference. Please be advised that pursuant to the Resolutions and the findings contained therein that the spread of COVID-19 continues to be a threat to the public health and that holding meetings of City legislative bodies in person would present imminent risks to the health and safety of the public and members of legislative bodies. Therefore, there will not be a physical meeting location available.

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/84816025186?pwd=cU5laFFxdTFNRTFZaFdMYzFTcERxQT09. 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 Meeting ID: 848 1602 5186 and Passcode: 262696. 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 an e-mail comment, send it to amueller@cityofberkeley.info with the Subject line in this format: “RENT BOARD MEETING PUBLIC COMMENT ITEM.” Please observe a 150-word limit. Written comments will be entered into the public record.  Email comments must be submitted to the email address above by 5:00 p.m. on the day of the meeting in order to be included.

Please be mindful that this meeting will be recorded, and all other rules of procedure and decorum will apply for Rent Board meetings conducted by teleconference or videoconference.

This meeting will be conducted in accordance with Government Code Section 54953, 54956, and all current state and local requirements allowing public participation in meetings of legislative bodies. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to DéSeana Williams, Executive Director, at (510) 981-7368. The Rent Board may take action related to any subject listed on the Agenda.

RENT STABILIZATION BOARD
Regular Meeting
Thursday, September 15, 2022
7:00 p.m.

Zoom Video Archive (1:50)

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.
     
  3. Approval of Agenda – 1 min.*
     
  4. Public Comment – 2 min. per speaker for non-agendized items*
     
  5. Public Comment – 2 min. per speaker for items on the agenda*
     
  6. SPECIAL ORDER OF BUSINESS – Presentation of honorary resolution to former Rent Board Staff Attorney, Matthew Siegel, for his more than 27 years of service Distributed at the meeting
     
  7. CONSENT ITEMS – 1 min.*
    1. Approval of the July 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 Manager)

      Ministerial Waivers
      Property Address

      2390 MCGEE
      1922 WOOLSEY
      2171 ALLSTON
      2130 BROWNING
      1730 HIGHLAND #4
      3025 DANA ST
      2016 9TH
      1409 CYPRESS
      2803 REGENT
      1902-06 RUSSELL

      Discretionary Waivers
      Waiver No.                 Property Address
      W5050                        2918 STANTON
       
  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-5946 (2226 7th Street, Unit D)

    Landlord Gershon Luria (“Landlord”) filed an appeal of a hearing decision granting in part and denying in part Tenant Deloris O’Neal’s (“Tenant”) Petition for Individual Rent Adjustment (“petition”), seeking a rent reduction due to certain claimed substandard conditions of the rental unit located at 2226 7th Street, Unit D, Berkeley, California 94710 (“premises”).

    On appeal, Landlord claims that: (1) the hearing examiner improperly applied Regulation 1269, (2) Tenant failed to meet her burden of proof, (3) Tenant and Tenant witnesses lacked credibility, and (4) the hearing examiner was biased against Landlord. A review of the record shows that the hearing examiner correctly applied Regulation 1269 and that his decision is supported by substantial evidence. The appeal repeats meritless arguments and testimony previously submitted and fails to substantiate its claim of bias. The decision of the hearing examiner should be affirmed.
     
  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. Chair Update (Chair Simon-Weisberg) – 5 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. Screening of the film, “Push!” at the Grand Lake Theater in Oakland on September 26, 2022 at 6:30 p.m. – Verbal (Chair Simon-Weisberg) – 3 min.*
       
    2. Update regarding Ellis Act prohibition in the Eviction Moratorium and update regarding recent Ellis Eviction cases filed in Berkeley – Verbal (General Counsel) – 3 min.*
       
    3. Elevator Ordinance Referral item from the Commission on Disability (General Counsel) – 3 min.*
       
    4. Update on Rent Board staff outreach at National Night Out on August 2, 2022 –  Verbal (Executive Director) – 1 min.*
       
    5. Update on Rent Board staff outreach at the Solano Stroll on September 11, 2022 –  Verbal (Executive Director) – 1 min.*
       
    6. July 27, 2022 Berkeleyside article by Manuela Tobias titled, “This new website will help you respond to an eviction notice” (Executive Director) – 1 min.*
      https://www.berkeleyside.org/2022/07/27/website-california-tenants-eviction
       
    7. August 10, 2022 The Daily Californian article by Rae Wymer titled, “’It was pretty brutal’: Tenants share experiences renting in Berkeley” (General Counsel) – 1 min.* https://www.dailycal.org/2022/08/10/it-was-pretty-brutal-tenants-share-experiences-renting-in-berkeley/
       
    8. Date to submit agenda topics/items for October’s regular Rent Board meeting: Friday, October 7th at 5:00 p.m.  NOTE: This is a hard deadline and will be enforced.

      Information Items carried over from the June 16, 2022 regular Rent Board meeting:
       
    9. April 28, 2022 Owner Move-in Eviction Tracking Report (January 2019 - December 2021) (Eviction/Section 8/Foreclosure Committee & Executive Director) – 2 min.*
       
    10. Rent Board’s participation in the 35th Annual Berkeley Juneteenth Festival on Sunday, June 19th from 11:00 a.m. to 7:00 p.m. – Verbal (Executive Director) – 2 min.*
       
    11. Update on the Rent Board’s presentation at 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.*
       
  11. COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS
    1. Budget and Personnel Committee (Commissioner Chang, Chair) – 5 min.*
      Next regularly-scheduled meeting:  Monday, Sept. 12th at 5:30 p.m.

      September 12th agenda
       
    2. Eviction/Section 8/Foreclosure Committee (Commissioner Mendonca, Chair) – 5 min.*
      Next regularly-scheduled meeting: Thursday, Sept, 22nd at 5:30 p.m.

      July 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, Sept. 21st at 5:30 p.m.

      August 10th 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 Task Force Committee on Housing: City Council/Rent Board – 5 min.*
      (Mayor Arreguín and Chair Simon-Weisberg, Committee Co-Chairs)
      Next regularly-scheduled meeting:  Wednesday, Sept. 28th at 3:00 p.m.
       
    7. Ad Hoc Committee on Rent Board Technology Issues (Commissioner Selawsky, Chair) – 3 min.*
      Next meeting date:  TBA
       
    8. Updates and Announcements – 3 min.*
       
    9. Discussion of items for possible placement on future agenda – 5 min.*
       
  12. ADJOURNMENT
     

News

Aimee Mueller, Board Secretary
Email: amueller@cityofberkeley.info
Phone: (510) 981-4932