Berkeley Rent Stabilization Board Meeting Agenda: 11/21/2024

RENT STABILIZATION BOARD
Regular Meeting
Thursday, November 21, 2024
6:30 p.m.
Rent Stabilization Board office – 2000 Center Street, 4th Floor, Berkeley, CA
Teleconference location(s): 1418-A 67th Street, Berkeley, CA

Video Archive (4:00)

*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. Closed Session: Public Employee contract discussion pursuant to California Government Code Section 54957(b)(1):
   
   Title: Executive Director
    
3. 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.*
    
4. Approval of Agenda – 1 min.*
    
5. Public Comment – 2 min.* 
    
6. CONSENT ITEMS – 1 min.*
    
   1. Approval of the October 17th regular meeting minutes
       
   2. Recommendation to amend the Rent Stabilization Board Meeting Procedures to allow an allotted amount of time for a designated union representative to speak at full Board meetings (LIRA Committee)
       
   3. Recommendation to approve the stipend deduction reimbursement request for Commissioner Marrero for a committee meeting absence (Vice-Chair Alpert)
       
   4. Proposal to approve staff recommendations on the following requests for waivers of late registration penalties (Executive Director/Registration Unit Manager)
      
      Ministerial Waivers
      Property Address
      
      982 University Ave
      2319 Jefferson Ave
      2412 6th St
      836 Channing Way
      1711 Milvia St #B
      2415 California St
      2535 Ridge Rd #A
      2707 Parker St
      1201 Evelyn Ave
      1253 Carrison Ave
      1640 Fairview St
      2922 Otis St
      1425 Harmon St
      1169 Miller Ave
      2853 Sacramento St
      1320 Ordway St #A
      1321 Bonita Ave #A
      2908 Deakin St. #C
      1531 Alcatraz Ave
      2615 Telegraph Ave #307
      2615 Telegraph Ave #306
      1900 7th St
      2709 McGee Ave
      3218 Ellis St
      
      Discretionary Waivers
      Waiver No.     Property Address
      
      5128              2431 Ellsworth St. 
      5129              1797 Shattuck Ave
      5130              2008 Shattuck Ave
      5131              2001 Allston Way
      5132              3000 San Pablo  
      5133              2628 Shattuck Ave 
       
       
7. Special Presentation: State Legislative Update – 15 min.*
   Presenter: Brian Augusta, Public Interest Advocates 
    
8. Special Presentation: Registration 365 – 15 min.* 
   Presenter: Amanda Eberhart, Registration Unit Manager - Distributed at the meeting
    
9. 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-6080 (1211 Parker St., Unit D)
   
   Tenant Appellant filed an appeal of a hearing decision granting in part and denying in part Tenant Appellant’s Petition for Individual Rent Adjustment (“petition”), relating to: (1) decreased heat supply to the bedroom, (2) lost use of storage space; and (3) deteriorated appliances at the rental unit located at 1211 Parker Street Unit D, Berkeley, CA (“premises”).
   
   Tenant Appellant’s appeal statement claims the Hearing Examiner’s decision regarding the decreased supply of heat to the bedroom contains “critical misstatements of law and facts.”  In terms of law, Tenant Appellant contends that the Hearing Examiner misinterpreted relevant lease language, principles of the implied warranty of habitability (“IWH”), and the burden of proof standard. On the factual side, Tenant Appellant asserts that the Hearing Examiner incorrectly addressed the replacement of the original heating system. Additionally, Tenant Appellant seeks to introduce new evidence; however, this so-called "new evidence" had already been presented during the hearing. Overall, Tenant Appellant’s claims of misapplication of law and facts are unfounded and do not present a valid basis for overturning the Hearing Examiner’s decision. The decision should be upheld.
    
10. 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-6084 (2732 MLK Jr. Way, No. 8)
    
    Tenant Appellant filed an appeal of a hearing decision granting in part and denying in part Tenant Appellant’s Schedule C Petition (“petition”), relating to a request for a rent ceiling reduction for: (1) an accumulation of clutter and a rat presence on the property, and (2) a drain fly infestation at the rental unit located at 2732 MLK Jr. Way Unit 8, Berkeley, CA (“premises”).
    
    Tenant Appellant’s appeal statement argues that the Hearing Examiner’s decision regarding both issues contains “inaccuracies and contradictions,” and requests a modification of both holdings.  The record shows that while the Tenant Appellant's claims about clutter and rats are unfounded, the evidence of a drain fly infestation warrants a modification in their favor. The decision should be modified in part.
     
11. 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 24-22 in appreciation of Leah Simon-Weisberg for eight years of outstanding service to the Berkeley Rent Stabilization Board and the City of Berkeley (Vice-Chair Alpert) – 10 min.*
        
    2. Chair Update (Chair Simon-Weisberg)
       
       (1)  Measure BB and election update – Verbal – 5 min.*
        
    3. State Legislative Report: Discussion and possible action to adopt a position on pending housing legislation (Chair Simon-Weisberg & Vice-Chair Alpert) – 15 min.*
        
12. 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 Commissioner attendance at Board and Committee meetings through September 2024 (Board Secretary) – 1 min.*
        
    2. Copy of 2025 Annual General Adjustment (AGA) and Security Deposit Interest postcard mailed to property owners and tenants (Executive Director) – 1 min.*
        
    3. November 14, 2024 Los Angeles Times article by Andrew Khouri titled, “Could L.A.’s rezoning plan to boost housing supply cause more tenant displacement?” (Chair Simon-Weisberg) – 1 min.* 
       https://www.latimes.com/california/story/2024-11-14/los-angeles-housing-goals-demolition
        
    4. Deadline to submit agenda items/topics for the December regular Rent Board meeting: Friday, December 6th by 5:00 p.m. (Board Secretary)
        
13. COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS
     
    1. Budget & Personnel Committee (Commissioner Walker, Chair) – 5 min.*
       Next regularly-scheduled meeting: To Be Announced (TBA)
       
       November 12th agenda
        
    2. Climate Resilience Committee (Commissioner Martinac, Chair) – 5 min.*
       Next regularly-scheduled meeting date: TBA 
        
    3. Eviction/Section 8/Foreclosure Committee (Commissioner Elgstrand, Chair) – 5 min.*
       Next regularly-scheduled meeting: TBA
       
       November 12th agenda
        
    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, November 18th at 6:15 p.m. 
       
       November 18th agenda 
        
    6. 2 x 2 Committee on Housing: Rent Board/Berkeley Unified School District (Commissioner Marrero, Co-Chair) – 5 min.*
       Next meeting date:  Monday, November 18th at 5:00 p.m. 
       
       November 18th agenda
        
    7. 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
        
    8. Updates and Announcements – 5 min.*
        
    9. Discussion of items for possible placement on future agenda – 5 min.*
        
14. Closed Session: Pursuant to California Government Code Section 54956.9(a), the Board will convene in closed session for an update on litigation:
    
    ALAN WOFSY & ASSOCIATES, a California corporation (dba Hearst Commons), on behalf of itself and all others similarly situated VS. BERKELEY RENT STABILIZATION BOARD (Alameda County Superior Court Case No. 23CV043503)
     
15. ADJOURNMENT