City of Berkeley
Berkeley Rent Board
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Berkeley Rent Stabilization Board Meeting Agenda: 09/19/2024

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

RENT STABILIZATION BOARD
Regular Meeting
Thursday, September 19, 2024 – 7:00 p.m.
School District Board Room – 1231 Addison Street, Berkeley, CA
Teleconference location(s): 1418A 67th 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/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
Thursday, September 19, 2024
7:00 p.m.
School District Board Room – 1231 Addison Street, Berkeley, CA
Teleconference location(s): 1418A 67th Street, Berkeley, CA

Video Archive (3:20)

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 July 18th 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

      168 Forest Ln
      609 San Miguel Ave
      627 Arlington Ave
      1352 Hearst Ave
      1635 MLK JR Way
      2818 Telegraph Ave
      3101 Mabel St.
      3138 Ellis St.
      2532 College Ave
      1520 Bancroft Way
      1214 Talbot Ave
      1522 Fairview St. #A
      1900 Harmon St
      1253 Burnett St
      2228 Dwight Way
      2036 6th St
      1940 Haste St
      1323 Henry St
      739 Channing Way
      1620 Woolsey St
      1625 Stannage Ave
      1041 Cragmont Ave
      2113 Delaware St #B
       
  6. Special Presentation: Towards a Union at Home: Renting-Class Power in a Financialized Economy – 20 min.*
    Presenter: Brad Hirn, Practitioner-In-Residence, UC Berkeley Labor Center 
     
  7. Special Presentation: Eviction Defense Center (EDC) and East Bay Community Law Center (EBCLC) program year update: Berkeley eviction trends and data post-Eviction Moratorium – 35 min.*
    Presenters: Anne T. Omura, EDC Executive Director; and Meghan Gordon, EBCLC Co-Director of Housing & Clinical Supervising Attorney
     
  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-6055 (2150 Oxford Street, Unit 51)

    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 2150 Oxford Street Unit 51, Berkeley, CA (“premises”).

    On appeal, Tenants dispute the hearing examiner’s denial of rent reductions for the following claims: (1) nuisance neighbor, (2) lack of bedroom heat, (3) inadequate kitchen electrical wiring, (4) inadequate building security, (5) unsafe stovetop, and (6) defective stove top. Tenants also dispute the amount of the rent ceiling reduction granted by the hearing examiner for the following claims: (1) loss of electrical outlet, and (2) rat issue. Tenants’ appeal simply repeats arguments and testimony previously submitted and a review of the record shows that the decision is supported by substantial evidence. Therefore, the decision of the hearing examiner should be affirmed.
     
  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-5986 and T-5987 (1619 Walnut Street, Units A & B)

    On September 1, 2023, the Landlord requested a Compliance Hearing for a Rent Stabilization Board (“Rent Board”) appeal decision issued on August 9, 2023. Tenants appeal the subsequent Compliance Decision issued on March 25, 2024, holding that the Landlord complied with the hearing decision relating to on-going heat issues located at rental units 1619 Walnut Street, Units A & B, Berkeley, CA (“premises”).

    On appeal, Tenants claim that the hearing examiner erred in his determination that the Landlord complied with the hearing decision. However, the Landlord clearly met the burden of proof by showing, through a preponderance of the evidence, that they were in substantial compliance with the decision on appeal. Accordingly, the Compliance Decision 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 Simon-Weisberg)

      (1)  Demolition Ordinance and Demolition projects status report (Senior Planner Lief Bursell) – 10 min.*

      (2)  Eviction Moratorium lawsuit dismissed – 5 min.*
       
    2. Request to Extend Administrative Correction Period on a Case-by-Case Basis until October 30, 2024 (Executive Director/Registration Unit Manager) – 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. Updated Regulation 1266 [Self Labor] with current Consumer Price Index (CPI) information (General Counsel) – 3 min.*
       
    2. Average Rents for New Tenancies:  January 1, 2023 through December 31, 2023 (Senior Planner Lief Bursell) – 2 min.*
       
    3. September 9, 2024 San Francisco Chronicle article by Christian Leonard titled, “Feds say this company helps landlords keep rents high. Has it impacted the Bay Area?” (Chair Simon-Weisberg) – 1 min.* 
       
    4. Deadline to submit agenda items/topics for the October regular Rent Board meeting: Friday, October 4th by 5:00 p.m. (Board Secretary)
       
  12. COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS
     
    1. Budget & Personnel Committee (Commissioner Walker, Chair) – 5 min.*
      Next regularly-scheduled meeting: To Be Announced (TBA)
       
    2. Environmental Sustainability Committee (Commissioner Martinac, Chair) – 5 min.*
      Next regularly-scheduled meeting date: TBA 

      September 12th agenda
       
    3. Eviction/Section 8/Foreclosure Committee (Commissioner Elgstrand, Chair) – 5 min.*
      Next regularly-scheduled meeting: Wednesday, September 18th at 6:00 p.m.

      September 18th agenda
       
    4. Legislation, IRA/AGA & Registration Committee (LIRA Committee) (Commissioner Kelley, Chair) – 5 min.*
      Next regularly-scheduled meeting: Thursday, October 10th at 5:30 p.m.

      September 5th agenda 
       
    5. Outreach Committee (Vice-Chair Alpert, Chair) – 5 min.*
      Next regularly-scheduled meeting: TBA

      August 12th agenda

      September 9th 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. Updates and Announcements – 5 min.*
       
    9. Discussion of items for possible placement on future agenda – 5 min.*
       
  13. ADJOURNMENT

     

News

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