Berkeley Rent Stabilization Board Meeting Agenda: 09/21/2023
For links to individual agenda items for this meeting, please see below.
RENT STABILIZATION BOARD
Regular Meeting
Thursday, September 21, 2023 – 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/81315510979?pwd=LytGV2RZUDNrNVl4NHRJWkhHcVhSUT09. 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 Webinar ID: 813 1551 0979 and Passcode: 101882. 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 5:00 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 21, 2023
7:00 p.m.
School District Board Room – 1231 Addison Street, Berkeley
Video Archive (3:16)
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. per speaker for non-agendized items*
- Public Comment – 2 min. per speaker for items on the agenda*
- SPECIAL PRESENTATION: 2022 Berkeley Tenant Survey Summary Report by Laura Gil-Trejo, Director, Social Science Research Center, CSU Fullerton
- SPECIAL PRESENTATION: State Legislative Report by Brian Augusta, Public Interest Advocates
- CONSENT ITEMS – 1 min.*
- Approval of the July 20th regular meeting minutes
- Recommendation to adopt Resolution 23-23 authorizing the Executive Director to amend the existing contract with Goldfarb & Lipman, LLP to increase the contract by $30,000 for a total not to exceed the amount of $80,000 through June 30, 2024 (General Counsel)
- Recommendation to adopt Resolution 23-24 authorizing the Executive Director to execute a contract with Ferdman Consulting for a total not to exceed the amount of $30,000 through June 30, 2024 (Executive Director)
- Recommendation to create the “Ad Hoc Committee to Consider Rent Ordinance Amendments at the 2024 November general election” (Chair Simon-Weisberg)
- Recommendation to change the Ad Hoc Committee on Environmental Sustainability to a standing committee (Chair Simon-Weisberg)
- Proposal to approve staff recommendations on the following requests for waivers of late registration penalties (Executive Director/Registration Unit Manager)
Ministerial Waivers
Property Address
2916 NEWBURY
2801 COLLEGE
2443 WOOLSEY
1205 PERALTA
1601 CHANNING
2000 PRINCE ST
2137 PARKER
Discretionary Waivers
Waiver No. Property Address
W5087 2020 KITTREDGE
- Approval of the July 20th regular meeting minutes
- APPEAL – 8:30 p.m.**
**This appeal will not be heard before 8:30 p.m. but may be heard any time thereafter.
Case No. T-6014 (2425 Fulton Street, Unit 4)
Appellant master tenant (“Master Tenant”) filed an appeal of a hearing decision granting in part and denying in part Petitioner subtenant’s (“Subtenant”) claim regarding illegally high rent for the rental unit located at 2425 Fulton Street Apt. 4, Berkeley, California 94704 (“premises”).
On appeal, Master Tenant requests a dismissal of Petition T-6014 on the grounds that Subtenant failed to: (1) give 30-day notice before vacating, (2) arrange a walk-through of the premises and properly surrender keys, and (3) pay final month’s rent. However, Master Tenant fails to identify a proper legal basis for appeal, and offers repeated testimony as well as new evidence that is not pertinent to the issues at hand. The decision of the hearing examiner should be affirmed.
- 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) – 5 min.*
- Chair Update (Chair Simon-Weisberg) – 5 min.*
- 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.- Eviction Moratorium outreach update – Verbal (Public Information Unit Manager) – 5 min.*
- Copy of August 28, 2023 final Eviction Moratorium mailing sent to Berkeley landlords, property managers and tenants (Public Information Unit Manager) – 3 min.*
- Update on recent Rent Board outreach events – Verbal (Public Information Unit Manager) – 5 min.*
- Presentation on Appeal Opinion and California Supreme Court Order denying review in NCR Properties, LLC v. City of Berkeley et al. (Legal Unit) – 15 min.*
- August 22, 2023 LAist.com article by David Wagner titled, “As LA Evictions Rise, City Controller Releases Map Showing Where Renters Are Getting Pushed Out” (Chair Simon-Weisberg) – 1 min.*
https://laist.com/news/housing-homelessness/los-angeles-city-eviction-map-controller-mejia-data-housing-homelessness-landlord-renter
- Date to submit agenda topics/items for October’s regular Rent Board meeting: Friday, October 6th by 5:00 p.m. (Board Secretary)
- Eviction Moratorium outreach update – Verbal (Public Information Unit Manager) – 5 min.*
- COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS
- Budget & Personnel Committee (Commissioner Walker, Chair) – 5 min.*
Next regularly-scheduled meeting: To Be Announced (TBA)
- Eviction/Section 8/Foreclosure Committee (Commissioner Elgstrand, Chair) – 5 min.*
Next regularly-scheduled meeting: TBA
- Legislation, IRA/AGA & Registration Committee (LIRA Committee) (Commissioner Kelley, Chair) – 5 min.*
Next regularly-scheduled meeting: Tuesday, October 3rd at 5:30 p.m.
July 24th agenda
- Outreach Committee (Vice-Chair Alpert, Chair) – 5 min.*
Next regularly-scheduled meeting: Monday, October 16th at 6:00 p.m.
Sept. 11th agenda
- 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: Wednesday, Sept. 27th at 3:00 p.m.
- 2 x 2 Committee on Housing: Rent Board/Berkeley Unified School District
(Chair TBA) – 5 min.*
Next meeting date: Monday, Sept. 25th at 5:30 p.m.
- Ad Hoc Committee on Environmental Sustainability (Commissioner Martinac, Chair) – 5 min.*
Next meeting date: TBA
Sept. 6th agenda
- 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