Wednesday, June 19, 2019 | 5:00 PM 
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804

Meeting Agenda

Compiled June 19, 2019, Regular Meeting Agenda Packet

Item F-1: APPROVE the minutes of the May 15, 2019, Regular Meeting of the Richmond Rent Board.

Item F-2: APPROVE the minutes of the May 30, 2019, Special Meeting of the Richmond Rent Board.

Item F-3: RECEIVE letters from community members regarding the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, RMC 11.100.

Item F-4: RECEIVE the May 2019 Rent Program Monthly Report. 

Item F-5: RECEIVE the Rent Program FY 2018-19 Monthly Revenue and Expenditure Report through May 2019. 

Item F-6: APPROVE an amendment to the contract for translation services with Document Tracking Services increasing the amount by $15,000, to a total not to exceed $34,999, and extending the term to June 30, 2020.

Item F-7: APPROVE an amendment to the contract for community legal services with the Eviction Defense Center modifying the Service Plan to specify that the Eviction Defense Center will serve at least 30 Richmond Tenants per month, increasing the contact amount by $125,000 for Fiscal Year 2019-20, to a total not to exceed $237,500, and extending the term to June 30, 2020.

Item F-8: APPROVE amendments to the contract for community legal services with Bay Area Legal Aid (1) modifying the Service Plan with respect to the number of participants assisted at legal clinics, provided legal representation, and referred to peer legal services agencies; (2) increasing the contact amount by $75,000 for Fiscal Year 2019-20, to a total not to exceed $100,000; and (3) extending the term to June 30, 2020.

Item G-1: AMEND Chapter 8 of the Rent Board Regulations to: (1) amend Regulation 835 to create parameters guiding both how the Record is to remain open and when the Record must be closed; (2) add Regulation 841.5 to articulate the Standard of Review on appeal; and (3) amend Regulation 842 to allow the Executive Director or assigned designee to treat appeals as requests for reconsideration where there is a clear misapplication of the law, the law has changed, there is a problem with the Record, or any other matter where reconsideration would be appropriate considering administrative efficacy. This amendment would also clarify that the Executive Director or assigned designee is the individual who grants a request for reconsideration and not the Hearing Examiner.

Item G-2: ADOPT Regulation 607, establishing the 2019 Annual General Adjustment in the amount of 3.5% for tenancies commencing prior to September 1, 2018.

Item G-3: ADOPT an amendment to Regulation 805 A (4), Petition and Noticing Procedures, to extend the staff review period from five to ten business days.

Item G-4: RESCIND Regulation 605(C), and allow for the Rent Program to establish policies to enhance Landlords’ ability to bring themselves into compliance with the Rent Ordinance’s prohibition on retention of rents in excess of the Maximum Allowable Rent.

Item H-1: DIRECT staff to negotiate and execute a contract with a Collection Services Agency, utilizing a contingency-based payment plan.

Item H-2: APPROVE the proposed staff evaluation plan for the Rent Program and DIRECT staff to begin implementing the evaluation plan beginning in Fiscal Year 2019-20.

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Thursday, May 30, 2019 | 6:00 PM 
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804
NOTE 6:00 PM START TIME

Meeting Agenda

Compiled May 30, 2019, Special Meeting Agenda Packet

Item F-1: APPROVE the minutes of the April 29, 2019, Special Meeting of the Richmond Rent Board. 

Item F-2: RECEIVE the April 2019 Rent Program Monthly Report.

Item F-3: RECEIVE the Rent Program FY 2018-19 Monthly Revenue and Expenditure Report through April 2019.

Item G-1: Appeal regarding Petition No. RC18-T022. Landlord appeals a Hearing Examiner’s decision that (1) found that the Appellant retained rents in excess of permissible rent levels by failing to return Respondent’s security deposit; and (2) required the Appellant return Respondent’s entire security deposit in the amount of $3,400.00.  On appeal, Landlord asserts that the Rent Program does not have jurisdiction to hear this matter and “rejects all conclusions of the Hearing Examiner.” Staff Attorney, Charles Oshinuga, recommends the Rent Board dismiss this appeal as the claim brought forth in this appeal is barred as a matter of law because the Superior Court has already ruled on an identical claim, involving the same parties.

Item G-2: Appeal regarding Petition No. RC18-T011. Landlord appeals a Hearing Examiner's decision that found (1) there was no proper window for emergency egress for 12 months; (2) there were plumbing/sewer issues adversely affecting the Tenants for one month; (3) there kitchen stove and gas issues that adversely affected the Tenants for one month; (4) there were dust issues that adversely affected the Tenants for 30 days; (5) there was a water leak affecting the Tenants for two days; and, as a result, (6) the Tenants were owed $5733.33 as Excess Rent. On appeal, Landlord challenges these findings.


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Wednesday, May 15, 2019 | 5:00 PM 
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804

Meeting Agenda

Compiled May 15, 2019, Regular Meeting Agenda Packet

May 15, 2019 Compiled PowerPoint Presentation

Item F-1: APPROVE the minutes of the March 20, 2019, Regular Meeting of the Richmond Rent Board. This item was continued from the April 17, 2019, meeting.

Item F-2: RECEIVE letters from community members regarding the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, RMC 11.100. This item was continued from the April 17, 2019, meeting.

Item F-3: RECEIVE the March 2019 Rent Program Monthly Report. This item was continued from the April 17, 2019, meeting.

Item F-4: RECEIVE the Rent Program FY 2018-19 Monthly Revenue and Expenditure Report through March 2019. This item was continued from the April 17, 2019, meeting.

Item G-1: RECEIVE a presentation from Rent Program staff members concerning the department’s compliance efforts during Fiscal Year 2018-19. 

Item H-1: RECEIVE a presentation from Rent Program staff members concerning a proposed Owner Move-In regulation and DIRECT staff to hold at least two workshops to solicit feedback from community members concerning Owner Move-In evictions. This item was continued from the April 17, 2019, meeting.

Item I-1: Appeal regarding Petition No. RC18-T014. Landlord appeals a Hearing Examiner’s decision that (1) found that the subject property was treated as a triplex as it contained three dwelling units, thus subjecting it to the full provisions of the Richmond Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance; (2) found that the Landlord charged rents in excess of the permissible rent levels; (3) found that the subject property contained inadequate housing services; and (4) determined that the Landlord owed the Tenant $6,521.95. On appeal, Landlords challenges both the Hearing Examiner's findings and the Rent Board's jurisdiction to hear this matter.

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Monday, April 29, 2019 | 6:00 PM
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804
NOTE 6:00 PM START TIME

Meeting Agenda

Item F-1: Appeal regarding Consolidated Petition No. RC18-T012 & RC18-T013. Landlord appeals a Hearing Examiner’s decision that granted Tenants’ excessive rent petition and found that Landlord collected rent in excess of the permissible levels. On Appeal, Landlord challenges the sufficiency of the evidence relied on by the Hearing Examiner to reach his decision.   

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MEETING CANCELLED DUE TO LACK OF QUORUM
Wednesday, April 17, 2019 | 5:00 PM 
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804

Meeting Cancellation Notice

Meeting Agenda

Compiled April 17, 2019, Regular Meeting Agenda Packet

Item F-1: APPROVE the minutes of the March 20, 2019, Regular Meeting of the Richmond Rent Board. 

Item F-2: RECEIVE letters from community members regarding the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, RMC 11.100.

Item F-3: RECEIVE the March 2019 Rent Program Monthly Report. 

Item F-4: RECEIVE the Rent Program FY 2018-19 Monthly Revenue and Expenditure Report through March 2019.

Item G-1: RECEIVE a presentation from Rent Program staff members concerning a proposed Owner Move-In regulation and DIRECT staff to hold at least two workshops to solicit feedback from community members concerning Owner Move-In evictions.

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Wednesday, March 20, 2019 | 5:00 PM
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804

Meeting Agenda

Compiled March 20, 2019, Regular Meeting Agenda Packet

March 20, 2019 Compiled PowerPoint Presentation

Item F-1: APPROVE the minutes of the February 20, 2019, Regular Meeting of the Richmond Rent Board.

Item F-2: RECEIVE the February 2019 Rent Program Monthly Report. 

Item F-3: RECEIVE the Rent Program FY 2018-19 Monthly Revenue and Expenditure Report through February 2019.

Item F-4: RECEIVE proposed Rent Program Calendar.

Item G-1: (1) ADOPT revised Fiscal Year 2019-20 Budget Option A; (2) RECEIVE and APPROVE the Fiscal Year 2019-20 Residential Rental Housing Fee Study; (3) DIRECT staff to prepare a resolution, consistent with the Rent Board’s approved Fee Study and Budget, recommending to the City Council approval of the Fiscal Year 2019-20 Residential Rental Housing Fees in the amount of $212.00 per Controlled Rental Unit and $112.00 per Partially Covered Rental Unit, which includes Governmentally Subsidized Rental Units; and (4) APPROVE a revision to the salary of the Executive Director to reflect the budgeted amount in the proposed Fiscal Year 2019-20 budget, effective on July 1, 2019.

Item H-1: Appeal regarding Petition No. RC18-T008 (1918 Roosevelt Ave., Upstairs and Downstairs units).
Landlord appeals a Hearing Examiner’s decision that (1) found that the subject property contains two dwelling units, thus subjecting it to the full provisions of the Richmond Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance; and (2) voided the Landlord’s attempted rent increase.

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Wednesday, February 20, 2019 | 5:00 PM
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804

Meeting Agenda

Compiled February 20, 2019, Regular Meeting Agenda Packet

February 20, 2019, PowerPoint Presentation

Item F-1: APPROVE the minutes of the December 19, 2018, Regular Meeting of the Richmond Rent Board. This item was continued from the January 16, 2019, meeting.

Item F-2: RECEIVE letters from community members regarding the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, RMC 11.100. This item was continued from the January 16, 2019, meeting.

Item F-3: RECEIVE the December 2018 Rent Program Monthly Report. This item was continued from the January 16, 2019, meeting.

Item F-4: RECEIVE the January 2019 Rent Program Monthly Report.

Item F-5: APPROVE a contract for community legal services with Bay Area Legal Aid in the amount of $25,000 for Fiscal Year 2018-19.
This item was continued from the January 16, 2019, meeting.

Item F-6: RECEIVE the Rent Program FY 2018-19 Monthly Revenue and Expenditure Report through January 2019.

Item F-7: RECEIVE report by Dr. Stephen Barton from the February issue of “Dollars and Sense” titled “The Economics of Residential Rent Control: The not so simple matter of supply and demand.”

Item G-1: RECEIVE draft, proposed Fiscal Year 2019-20 Rent Program operating budget options and corresponding draft Rental Housing Fee Study and PROVIDE direction to staff. 

Item H-1: (1) ADOPT a resolution establishing a limit on rent increases in LIHTC rental units not to exceed 5% per year and affirming the proposed amendments to Rent Board Regulation 204 as set forth by the Affordable Housing Ad Hoc Committee; (2) AMEND Regulation 204 to: (a) clarify those provisions of the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, Richmond Municipal Code, and California Civil Code, where, if violated, may result in a revocation of the exemption from Section 11.100.070 of the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance as provided in Regulation 202; and (b) establish a process for revocation of such exemption. This item was continued from the January 16, 2019, meeting.

Item H-2: RECEIVE an update concerning the City of Richmond’s request for the Rent Program to administer housing-related ordinances and PROVIDE direction to staff.


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MEETING CANCELLED DUE TO LACK OF QUORUM
Wednesday, January 16, 2019, Regular Meeting

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Wednesday, December 19, 2018 | 5:00 PM
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804

Meeting Agenda

Compiled December 19, 2018, Regular Meeting Agenda Packet

December 19, 2018, PowerPoint Presentation

Item H-1: APPROVE the minutes of the November 14, 2018, Special Meeting of the Richmond Rent Board.

Item H-2: RECEIVE letters from community members regarding the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, RMC 11.100.

Item H-3: RECEIVE the November 2018 Rent Program Monthly Report.

Item I-1: (1) DISCUSS City of Richmond adopted and proposed housing-related ordinances; (2) DIRECT Rent Program staff to meet with City staff for the sole purpose of ascertaining the requested services from the Rent Program; and (3) REPORT back to the Rent Board in January with an update.

Item I-2: RECEIVE Tenant Buyout Agreement Policy Options and DIRECT staff to (1) present the Rent Board’s selected policy option during a study session at a meeting of the City of Richmond City Council and (2) work with City staff to develop a Buyout Agreement Ordinance. This item was continued from the November 14, 2018, meeting.

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Wednesday, November 21, 2018, Regular Meeting
MEETING CANCELLED DUE TO LACK OF AGENDA ITEMS
 
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Wednesday, November 14, 2018
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804
NOTE 5:00 PM START TIME

Meeting Agenda

Compiled November 14, 2018, Special Meeting Agenda Packet

Compiled November 14, 2018, PowerPoint Presentation

Item G-1: APPROVE the minutes of the September 19, 2018; Regular Meeting of the Richmond Rent Board. This item was continued from the October 17, 2018, meeting.

Item G-2: RECEIVE letters from community members regarding the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, RMC 11.100.

Item G-3: RECEIVE the September 2018 Rent Program Monthly Report. This item was continued from the October 17, 2018, meeting.

Item G-4: RECEIVE the October 2018 Rent Program Monthly Report.

Item H-1: RECEIVE Tenant Buyout Agreement Policy Options and DIRECT staff to (1) present the Rent Board’s selected policy option during a study session at a meeting of the City of Richmond City Council and (2) work with City staff to develop a Buyout Agreement Ordinance.

Item I-1: ADOPT amendments to Regulation 602 to (1) clarify the banking provisions of the Regulation, where Landlords may apply up to 5% of deferred rent increases in a twelve-month period, and (2) establish the utilization of a compound interest formula, rather than a simple interest formula, in the calculation of the Maximum Allowable Rent. This item was continued from the October 17, 2018, meeting.

Item I-2: ADOPT an amendment to Regulation 842(F), removing the provision that if the Board has not acted on an appeal at two consecutive Board meetings, the appeal is deemed denied.

Item J-1: DIRECT staff to negotiate and execute community legal services contracts for qualifying Richmond residents in a total contract amount not to exceed $37,500 for the second half of Fiscal Year 2018-19 (January 2019 – June 2019).

Item J-2: (1) RECEIVE an update from the Ad Hoc Committee on their efforts to reach an agreement with affordable housing providers to address rent increases and living conditions in Low-Income Housing Tax Credit developments; and (2) DISCUSS proposed strategies to mitigate destabilizing rent increases and address living conditions in Low-Income Housing Tax Credit developments.


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MEETING CANCELLED DUE TO LACK OF QUORUM
Wednesday, October 17, 2018 
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804
NOTE 5:00 PM START TIME

Meeting Agenda

Compiled October 17, 2018 Regular Meeting Agenda Packet

Item G-1: APPROVE the minutes of the September 19, 2018 Regular Meeting of the Richmond Rent Board. 

Item G-2: RECEIVE the September 2018 Rent Program Monthly Report.

Item H-1: ADOPT amendments to Regulation 602 to (1) clarify the banking provisions of the Regulation, where Landlords may apply up to 5% of deferred rent increases in a twelve-month period, and (2) establish the utilization of a compound interest formula, rather than a simple interest formula, in the calculation of the Maximum Allowable Rent.


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Wednesday, September 19, 2018
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804
NOTE 5:00 PM START TIME

Meeting Agenda

Compiled September 19, 2018 Regular Meeting Agenda Packet

Compiled September 19, 2018 PowerPoint Presentation

Item G-1: APPROVE the minutes of the August 15, 2018, Regular Meeting of the Richmond Rent Board. 

Item G-2: RECEIVE letters from community members regarding the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, RMC 11.100.

Item G-3: RECEIVE the August 2018 Rent Program Monthly Report.

Item H-1: ADOPT amendments to Rent Board Regulation 503 (Notice Requirements) to (1) reorganize the steps of withdrawing a rental property to reflect a more consistent process; (2) clarify the permissible  use of authorized agents to file, serve, and record required documents; (3) remove the obligation that a Landlord record a “certificate” indicating that they have initiated actions to terminate tenancies of their rental properties; and (4) remove the obligation that Landlords provide Tenants with stamped postcards, whereby a Tenant may indicate that they are entitled to relocation benefits. 

Item H-2: ADOPT Regulation 911.5 (Determining the Lawful Rent in Master Tenant – Subtenant Occupancies), prohibiting Master Tenants from charging subtenants more Rent than that which is actually and lawfully due and payable to the Landlord of the Controlled Rental Unit, and permit subtenants to petition the Rent Board for an adjustment in Rent and/or exercise rights and obligations pursuant to Regulation 911 (Overcharges and Other Violations).

Item H-3: ADOPT amendments to Regulation 402 (Required Rent Registration), Regulation 405 (Enrollment with the Richmond Rent Program) and Regulation 406 (Failure of a Landlord to Enroll or File) to clarify the following requirements: (1) all rental properties containing at least one Rental Unit, as defined in Section 11.100.030(m) of the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, must be enrolled with the Rent Program; (2) all tenancies in Controlled Rental Units, as defined in Section 11.100.030(d) of the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, must be registered with the Rent Program; and (3) the failure to enroll a rental property and/or register a tenancy in a Controlled Rental Unit may be asserted as an affirmative defense to an unlawful detainer (eviction) lawsuit.

Item H-4:ADOPT an amendment to Regulation 603(A), modifying the requirement that Landlords file notices of rent increase with the Rent Board within two business days to require that Landlords file notices of rent increase with the Rent Board within 10 business days.

Item I-1:RECEIVE a case study matrix and presentation from Rent Program staff members concerning Tenant Buyout Agreement policies and PROVIDE direction to staff.

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Wednesday, August 15, 2018
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804
NOTE 5:00 PM START TIME

Meeting Agenda

Compiled August 15, 2018 Regular Meeting Agenda Packet

Compiled August 15, 2018 PowerPoint Presentation 

Item F-1: APPROVE the minutes of the July 18, 2018, Regular Meeting of the Richmond Rent Board. 

Item F-2: RECEIVE the July 2018 Rent Program Monthly Report.

Item G-1: AMEND Chapter 7 of the Rent Board Regulations to: (1) add Regulation 703.5 to create a petition process whereby a Landlord may challenge whether the Rental Unit is the original occupant’s Primary Residence; (2) add Regulation 706.5 to create a petition process allowing both Landlords and Tenants to challenge the resetting of the initial rental rate based on vacancy decontrol; (3) replace the Regulations definition of “initial rental rate” with the Rent Ordinance’s definition of “initial rental rate;” (4) provide a reference to the Rent Ordinance’s definition of Primary Residence; (5) replace references to “signed lease” with the Rent Ordinance’s definition of Rental Housing Agreement; and (6) replace the phrase “written notice” with notice, consistent with existing case law.

Item G-2: AMEND Regulation 905(a)(6)(b)(viii) to reflect the definition of “Capital Improvement” provided in Section 11.100.070 of the Fair rent, Just cause for Eviction, and Homeowner Protection Ordinance.

Item H-1: RECEIVE a memorandum from Dr. Kenneth Baar concerning a Capital Improvement Regulation and DIRECT staff to collaborate with the Planning and Building Services Department to monitor the frequency with which property owners are investing in seismic safety improvements and devise Rent Board policy and/or program options for encouraging such improvements and educating community members about how to prepare for earthquakes. 

Item H-2: DIRECT staff members to study the issue of the Short-Term Rental housing market as it relates to withdrawn accommodations and propose policy solutions that the Board could recommend to the City Council for consideration to mitigate possible adverse effects of Short-Term Rentals on the City’s rental housing supply.

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Wednesday, July 18, 2018
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804
NOTE 5:00 PM START TIME

Meeting Agenda

Compiled July 18, 2018 Regular Meeting Agenda Packet

Compiled July 18, 2018 PowerPoint Presentation

Item G-1: APPROVE the minutes of the June 20, 2018, Regular Meeting of the Richmond Rent Board. 

Item G-2: RECEIVE letters from community members regarding the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, RMC 11.100.

Item G-3: RECEIVE the June 2018 Rent Program Monthly Report.

Item G-4: APPROVE the re-chaptering of existing Rent Board Regulations for the purpose of centralizing and consolidating all Regulations into a chapter format.

Item H-1: ADOPT Regulation 201.5, defining the meaning of rooming and boarding houses and creating standards that must be followed when determining whether a property is considered a rooming and boarding house.

Item H-2: (1) REMOVE Chapter 11 of the Regulations entitled “Remedies” and APPROVE a new Chapter 11 of the Regulation entitled “Security Deposit”, (2) ADOPT Regulation 1101 describing the permissibility of security deposit increases, and ADOPT Regulation 1102 explaining the circumstances where a Tenant may file a petition based on an unlawful retention or increase in the security deposit.

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 Wednesday, June 20, 2018
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804
NOTE 5:00 PM START TIME

Meeting Agenda

Compiled June 20, 2018 Regular Meeting Agenda Packet

Compiled June 20, 2018 PowerPoint Presentation

Item F-1: APPROVE the minutes of the May 16, 2018 Regular Meeting of the Richmond Rent Board.

Item F-2: RECEIVE the May 2018 Rent Program Monthly Report.

Item F-3: APPROVE an amendment to the contract for community legal services with the Eviction Defense Center increasing the amount by $75,000 for Fiscal Year 2018-19, to a total not to exceed $112,500, and extending the term to June 30, 2019.

Item F-4: APPROVE an amendment to the contract for community legal services with Centro Legal de la Raza increasing the amount by $75,000 for Fiscal Year 2018-19, to a total not to exceed $112,500, extending the term to June 30, 2019, and modifying the service plan to specify that Centro Legal de la Raza agrees to provide one hundred and twenty-five legal consultations to qualifying tenants per year.

Item F-5: APPROVE an amendment to the contract for translation services with Document Tracking Services increasing the amount by $10,000, to a total not to exceed $19,999, and extending the term to June 30, 2019.

Item F-6: APPROVE the Second Amendment to the Legal Services Agreement with Michael Roush increasing the amount by $20,000 for the remainder of Fiscal Year 2017-18 and $57,000 for Fiscal Year 2018-19 to a total not to exceed $187,000, and extending the term to June 30, 2019.

Item F-7: APPROVE an amendment to the contract for preparation of rent adjustment regulations for consideration by the Rent Board with Kenneth Baar extending the term to June 30, 2019.

Item G-1: ADOPT Regulation 17-11, establishing the 2018 Annual General Adjustment in the amount of 3.6% for tenancies commencing prior to September 1, 2017. 
 
Item G-2: APPROVE the Chapterization of Regulation 17-01 and Regulation 17-03 into Chapter 2 and PROVIDE direction to staff regarding how future Chaptered Regulations should be presented to the Rent Board.

Item G-3: AMEND Rent Board Regulation 400 to include a reference to Civil Code 1947.7, as amended, and AMEND Rent Board Regulation 402, authorizing the registration of tenant information and any other information reasonably requested by the Rent Program to effectuate the purpose of the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance.

Item G-4: ADOPT (1) Regulation 205, authorizing Staff to process landlord requests for an administrative determination as to the applicability of the Rent Ordinance to a particular unit or property; (2) Regulation 206, creating an administrative determination process and procedure as it relates to request made to determine the applicability of the Rent Ordinance to a particular unit or property; (3) Regulation 207, authorizing a tenant petition challenging the exempt status of particular unit or property; (4) Regulation 416, authorizing petitions and procedures for rent-withholding based on a landlord’s failure to comply with Reporting requirements set forth in Richmond Municipal Code Section 11.100.060(s), including failure to pay the Residential Rental Housing Fee; (5) Regulation 417, describing the parties to a petition brought under Regulation 416; (6) Regulation 418, permitting the Board to initiate a rent withholding process in lieu of a tenant petition; (7) Regulation 419, explaining that the principles of substantial compliance apply to petitions brought under Regulation 416; (8) Regulation 420, describing that if compliance occurs prior to the set hearing, the tenant petition must be dismissed; (9) Regulation 421, creating standards that a Hearing Officer’s decision must meet; and (10) Regulation 424, authorizing the use of an escrow account to hold the withheld rent until compliance occurs.

Item H-1: RECEIVE a presentation of a partial Client Report completed by Graduate Student Fellow Philip Verma, prepared in partial satisfaction for the degree of Master of City Planning, regarding promoting stability and quality in affordable housing developments in Richmond.

Item H-2: (1) RECEIVE an update regarding rent increases in Low Income Housing Tax Credit (LIHTC) properties and (2) APPOINT an ad hoc Rent Board committee (consisting of two Boardmembers) to work with staff to develop an agreement with Low Income Housing Tax Credit (LIHTC) providers that would limit rent increases applied in any twelve-month period to Rental Units in LIHTC developments to the lesser of (a) the maximum rent permitted by the State Tax Credit Allocation Committee or (b) the Annual General Adjustment percentage rent increase for that year plus no more than five percent of deferred rent increases.

Item H-3: RECEIVE a presentation regarding the methodology employed for the first billing cycle of the Rental Housing Fee.


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Wednesday, May 16, 2018
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804
NOTE 5:00 PM START TIME

Meeting Agenda

Compiled May 16, 2018 Regular Meeting Agenda Packet

Compiled May 16, 2018 PowerPoint Presentation

Item G-1: APPROVE the minutes of the April 18, 2018 Regular Meeting of the Richmond Rent Board.

Item G-2: APPROVE the minutes of the April 23, 2018 Special Meeting of the Richmond Rent Board.

Item G-3: RECEIVE letters from community members regarding the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, RMC 11.100.

Item G-4: RESCIND, by motion, Regulation 17-02, regarding Petitions for a Rent Adjustment and Administrative Complaints for Excess Rent, as its been rendered obsolete by Chapter 8 (Subchapter A and B) of the Regulations– Regarding the Petition Process and the Hearing Procedure.

Item G-5: RECEIVE the April 2018 Rent Program Monthly Report.

Item H-1: RECEIVE AND APPROVE the 2017-18 Rent Program Annual Report and DIRECT staff to present the report to the City Council in June 2018.

Item H-2: DISCUSS resident concerns about rent increases, refuse removal, and security at Heritage Park at Hilltop Apartments, a Low Income Housing Tax Credit (LIHTC) development located at 3801-3815 Lakeside Drive, Richmond, CA 94806 and PROVIDE direction to staff.

Item H-3: RECEIVE a memo from the Executive Director regarding the adoption of a policy permitting a partial pass through of the Rental Housing Fee to be paid by Tenants over a 12-month period and PROVIDE direction to staff.

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SPECIAL MEETING
Monday, April 23, 2018
Multipurpose Room (Basement)
440 Civic Center Plaza, Richmond, CA 94804
NOTE: 6:00 PM START TIME AND LOCATION CHANGE

Meeting Agenda

Compiled April 23, 2018 Special Meeting Agenda Packet

Compiled April 23, 2018 PowerPoint Presentation

Item F-1: (1) ADOPT revised Fiscal Year 2018-19 Budget Option C; (2) RECEIVE and APPROVE the Fiscal Year 2018-19 Residential Rental Housing Fee Study; (3) DIRECT staff to prepare a resolution, consistent with the Rent Board’s approved Fee Study and Budget, recommending to the City Council approval of the Fiscal Year 2018-19 Residential Rental Housing Fees in the amount of $207.00 per Controlled Rental Unit, $100.00 per Partially Covered Unit, and $50.00 per Governmentally Subsidized Unit, at the next regularly scheduled meeting; and (4) DIRECT staff to conduct a study of policy options for a possible pass-through of a portion of the Rental Housing Fee to be paid by Tenants and present these options at the Board’s Regular Meeting in May.

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Wednesday, April 18, 2018
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804
NOTE: CLOSED SESSION BEGINS AT 5:00 PM, THE REGULAR MEETING WILL NOT BEGIN BEFORE 5:30 PM.

Meeting Agenda

Compiled April 18, 2018 Regular Meeting Agenda Packet

Compiled April 18, 2018 PowerPoint Presentation

Item H-1: APPROVE the minutes of the March 21, 2018, Regular Meeting of the Richmond Rent Board.

Item H-2: RECEIVE letters from community members regarding the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, RMC 11.100.

Item I-1: RECEIVE an update concerning the petition and hearing processes.

Item I-2: RECEIVE and DISCUSS a proposed implementation timeline for rent registration.

Item I-3: RECEIVE revised Fiscal Year 2018-19 Rent Program budget options and corresponding Rental Housing Fee Study and PROVIDE direction to staff. 

Item I-4: (1) CONSIDER APPROVING a revision to the salary of the Executive Director for the remainder of Fiscal Year 2017-18 to the amount for the Executive Director position as reflected in the publicly posted and available Rent Board budget, as approved and adopted by the Richmond Rent Board. The revised salary for Fiscal Year 2017-18 shall become effective on April 16, 2018; and (2) CONSIDER APPROVING the salary of the Executive Director for Fiscal Year 2018-19 to the amount for the Executive Director position in the Richmond Board’s budget for Fiscal Year 2018-19, as that budget, following a public hearing, is approved and adopted by the Richmond Rent Board. The approved salary for the Executive Director for Fiscal Year 2018-19 shall become effective on July 1, 2018.

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Wednesday, March 21, 2018
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804
NOTE 5:00 PM START TIME

Meeting Agenda

Compiled March 21, 2018 Regular Meeting Agenda Packet

Compiled March 21, 2018 PowerPoint Presentation

Item F-1: APPROVE the minutes of the February 28, 2018 Special Meeting of the Richmond Rent Board.

Item F-2: RECEIVE letters from community members regarding the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, RMC 11.100.

Item G-1: ADOPT Maintenance of Net Operating Income (MNOI) Fair Return Regulation (Chapter 9).

Item H-1: RECEIVE proposed Fiscal Year 2018-19 Rent Program operating budget options and corresponding Rental Housing Fee Study and
PROVIDE direction to staff.

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SPECIAL MEETING
Wednesday, February 28, 2018
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804
NOTE 6:00 PM START TIME

Meeting Agenda

Compiled February 28, 2018 Special Meeting Agenda Packet

Compiled February 28, 2018 PowerPoint Presentation

Item F-1: APPROVE the minutes of the February 21, 2018 Regular Meeting of the Richmond Rent Board.

Item F-2: RECEIVE letters from community members regarding the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, RMC 11.100.

Item F-3:  APPROVE a sole source contract amendment with Kenneth Baar in the amount of $20,001 for the preparation of rent adjustment regulations for consideration by the Rent Board, for a total contact amount not to exceed $30,000. THIS ITEM WAS CONTINUED FROM THE FEBRUARY 21, 2018 MEETING.

Item G-1: RECEIVE a presentation concerning application of the proposed draft Maintenance of Net Operating Income (MNOI) Fair Return Regulation (Chapter 9) and PROVIDE direction to staff.

Item H-1: RECEIVE a proposed timeline for (1) adoption of the Fiscal Year 2018-19 Rent Program Budget; (2) recommendation of approval of the FY 2018-19 Rental Housing Fee to the City Council; and (3) billing of the FY 2018-19 Residential Rental Housing Fee.


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Wednesday, February 21, 2018
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804
NOTE 5:00 PM START TIME

Meeting Agenda

Compiled February 21, 2018 Regular Meeting Agenda Packet

Compiled February 21, 2018 PowerPoint Presentation

Item F-1: APPROVE the minutes of the January 24, 2018 Special Meeting of the Richmond Rent Board.

Item F-2: RECEIVE letters from community members regarding the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, RMC 11.100.

Item F-3: APPROVE a sole source contract amendment with Kenneth Baar in the amount of $5,001 for the preparation of rent adjustment regulations for consideration by the Rent Board, for a total contact amount not to exceed $15,000.

Item G-1: ADOPT Substantive Rent Adjustment Regulations (Subchapter C: Standards for Individual Rent Ceiling Adjustments), Vacancy Rent Increase Regulations (Chapter 7) and Rent Registration Regulations (Chapter 4).

Item H-1: RECEIVE Proposed Draft Maintenance of Net Operating Income (MNOI) Fair Return Regulation (Chapter 9).

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SPECIAL MEETING
Wednesday, January 24, 2018
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804
NOTE 6:00 PM START TIME

Meeting Agenda

Compiled January 24, 2018 Special Rent Board Meeting Agenda Packet

Compiled January 24, 2018 PowerPoint Presentation

Item F-1: APPROVE the minutes of the January 17, 2018, Regular Meeting of the Richmond Rent Board.

Item F-2: RECEIVE letters from community members regarding the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance RMC 11.100.

Item G-1: ADOPT Regulations for Subchapter A (Petition Process) and Subchapter B (Hearing Procedure).

Item H-1: RECEIVE proposed Substantive Rent Adjustment Regulations (Subchapter C: Standards for Individual Rent Ceiling Adjustments), Vacancy Rent Increase Regulations (Chapter 7) and Rent Registration Regulations (Chapter 4).

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Wednesday, January 17, 2018
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804
NOTE 5:00 PM START TIME

Meeting Agenda

Compiled January 17, 2018 Rent Board Agenda Packet

PowerPoint Presentation - January 17, 2018

Item F-1: APPROVE the minutes of the December 20, 2017, Regular Meeting of the Richmond Rent Board.

Item F-2: RECEIVE letters from community members regarding the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance RMC 11.100.

Item G-1: RECEIVE proposed Subchapter A (Petition Process) and Subchapter B (Hearing Procedure) Rent Board regulations and PROVIDE DIRECTION to staff.

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Wednesday, December 20, 2017
Multipurpose Room (Basement)
440 Civic Center Plaza, Richmond, CA 94804

Meeting Agenda

Compiled December 20, 2017 Rent Board Agenda Packet

Compiled December 20, 2017 PowerPoint Presentation

Item G-1: APPROVE the minutes of the November 15, 2017, Regular Meeting of the Richmond Rent Board.

Item G-2: RECEIVE letters from community members regarding the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, RMC 11.100.

Item G-3: RECEIVE AND RECOMMEND TO THE RICHMOND CITY COUNCIL proposed amendments to Chapter 11.102 of the Richmond Municipal Code, and a revised resolution, concerning relocation requirements for Tenants of residential Rental Units. This item was continued from the November 15, 2017, meeting.

Item H-1: ADOPT Regulation 17-08, regarding Written Warning Notices to Cease before Terminating Tenancies due to a Breach of Lease or Creating Nuisance.

Item H-2: ADOPT Regulation 17-09, regarding the right to raise the Rent up to the Maximum Allowable Rent level, also known as “banking” rent increases, with the limitation, such that the net rent increase in any 12-month period as a result of the application of the current plus any deferred or “banked” AGAs does not exceed five percent (5%) plus the current AGA. This Regulation (17-09) would not become effective until September 1, 2018. This item was continued from the November 15, 2017, meeting.

Item I-1: (1) RECEIVE an update from staff concerning billing and collection of the Fiscal Year 2016-17 and Fiscal Year 2017-18 Rental Housing Fees; and (2) APPROVE by motion a Reimbursement Agreement between the Rent Board and the City of Richmond.

Item I-2: (1) RECEIVE an update from staff concerning recent community workshops regarding setting standards for changes in the maximum allowable rent; (2) RECEIVE a memorandum from Kenneth Baar regarding the Maintenance of Net Operating Income (MNOI) fair return standard; and (3) DIRECT staff to prepare implementing regulations utilizing the MNOI standard for the Rent Board’s consideration in January and February 2018.

Item I-3: RECEIVE the 2018 Rent Program Community Workshop Calendar.

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Wednesday, November 15, 2017
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804

Meeting Agenda

Compiled November 15, 2017 Rent Board Agenda Packet

Item F-1: APPROVE the minutes of the October 18, 2017, Regular Meeting of the Richmond Rent Board.

Item F-2: RECEIVE letters from community members regarding the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, RMC 11.100.

Item F-3: RECEIVE AND RECOMMEND TO THE RICHMOND CITY COUNCIL proposed amendments to Chapter 11.102 of the Richmond Municipal Code, and a revised resolution, concerning relocation requirements for Tenants of residential Rental Units. This item was continued to the December 20, 2017, Regular Meeting.

Item F-4: RECEIVE a memorandum from staff concerning the City of Richmond’s procurement policies.

Item G-1: ADOPT Regulation 17-01, regarding the exemption of approximately 4,283 governmentally subsidized rental housing units (including the Housing Choice Voucher Program, Project-Based Section 8 Program, Low Income Housing Tax Credit Program, and Supportive Housing for the Elderly Program) from the rent control provisions of the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance.

Item G-1: PowerPoint Presentation

Item G-2: ADOPT Regulation 17-08, regarding Written Warning Notices to Cease before Terminating Tenancies due to a Breach of Lease or Creating Nuisance. 

Item G-2: PowerPoint Presentation

Item G-3: ADOPT Regulation 17-09, regarding the right to raise the Rent up to the Maximum Allowable Rent level, also known as “banking” rent increases, with the limitation, such that the net rent increase in any 12-month period as a result of the application of the current plus any deferred or “banked” AGAs does not exceed five percent (5%) plus the current AGA. This Regulation (17-09) would not become effective until September 1, 2018. This item was continued to the December 20, 2017, Regular Meeting.

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Wednesday, October 18, 2017
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804

Meeting Agenda

Compiled October 18, 2017 Rent Board Agenda Packet

Item G-1: APPROVE the minutes of the September 20, 2017, Regular Meeting of the Richmond Rent Board.

Item G-2: APPROVE a contract with Minuteman Press to provide printing and mailing services for a letter mailed to residential rental property owners in an amount not to exceed $15,000, with a term extending through June 30, 2017.

Item G-3: RECEIVE memoranda from Executive Directors in peer jurisdictions with rent stabilization policies regarding the impacts of restricting a landlord’s ability to “bank” Annual General Adjustment rent increases.

Item G-4: RECEIVE a memorandum from Michael Roush, Rent Board Legal Counsel, regarding whether a Landlord who withdraws Rental Units from the rental market in accordance with Rent Board Regulation 17-07 for the purposes of demolition and then constructs affordable housing on the site is nevertheless required to offer such units to displaced tenants who may be ineligible for the affordable housing unit. This item is in response to questions from the Board raised at the September 20, 2017, Regular Meeting.

Item G-5: (1) RECEIVE a memorandum from Nicolas Traylor, Executive Director, and Michael Roush, Rent Board Legal Counsel, concerning the status of the “Pass-Through” of the Residential Rental Housing Fee; and (2) DIRECT STAFF to study policy options for a possible “Pass-Through.”

Item G-6: RECEIVE letters from community members regarding the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, RMC 11.100.

Item H-1: ADOPT Regulation 17-08, regarding Written Warning Notices to Cease before Terminating Tenancies due to a Breach of Lease or Creating Nuisance. This item was continued from the September 20, 2017, Regular Meeting.

Item H-1: PowerPoint Presentation

Item I-1: APPROVE by motion a Reimbursement Agreement between the Rent Board and the City of Richmond. 
This item was continued from the September 20, 2017, Regular Meeting.

Item I-2: RECEIVE a presentation from Rent Program staff members regarding enrollment and other compliance efforts related to the requirements of the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance.
This item was continued from the September 20, 2017, Regular Meeting.

Item I-2: PowerPoint Presentation

Item I-3: RECEIVE AND RECOMMEND TO THE RICHMOND CITY COUNCIL proposed amendments to Chapter 11.102 of the Richmond Municipal Code, and a revised resolution, concerning relocation requirements for Tenants of residential Rental Units.

Item I-3: PowerPoint Presentation

Item I-4: RECEIVE a proposed syllabus for the anticipated Rent Control and Just Cause for Eviction seminar series, anticipated to be provided to the Rent Board and members of the public in November and December, 2017.

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Wednesday, September 20, 2017
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804

Meeting Agenda

Item G-1: APPROVE the minutes of the August 23, 2017, Special Meeting of the Richmond Rent Board.

Item G-2: APPROVE by motion a Reimbursement Agreement between the Rent Board and the City of Richmond.
This item was moved to the October meeting of the Richmond Rent Board.

Item H-1: ADOPT an amended Fiscal Year 2017-18 Rent Program Budget.

Item H-1: PowerPoint Presentation

Item H-2: (1) ADOPT Regulation 17-07, regarding the Withdrawal of Rental Units from the Rental Market; and (2) DIRECT STAFF to prepare a fee study for administration of Regulation 17-07 for the Rent Board’s consideration in 2018.

Item H-2: PowerPoint Presentation

Item I-1: (1) RECEIVE a memorandum from Michael Roush, Legal Counsel, regarding the legal authority to establish “banking” rent increase provisions; (2) RECEIVE a presentation from Dr. Stephen Barton regarding the right to raise the Rent up to the Maximum Allowable Rent level, also known as “banking” rent increases; and (3) CONSIDER ADOPTION of Regulation 17-09, regarding the right to raise the Rent up to the Maximum Allowable Rent level, also known as “banking” rent increases, with limitations, such that the net rent increase in any one year as a result of the application of the current plus any deferred or “banked” AGAs does not exceed five percent (5.0%) plus the current AGA. This draft Regulation (17-09) would not become effective until September 1, 2018.

Item I-2: ADOPT Regulation 17-10, rescinding and replacing Regulation 17-04 regarding the filing with the Board of notice of rent increases and termination of tenancies and enrolling Rental Units with the Board.

Item I-3: ADOPT Regulation 17-08, regarding Written Warning Notices to Cease before Terminating Tenancies due to a Breach of Lease or Creating Nuisance.
This item was moved to the October meeting of the Richmond Rent Board.

Item J-1: RECEIVE a presentation from Rent Program staff members regarding enrollment and other compliance efforts related to the requirements of the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance.
This item was moved to the October meeting of the Richmond Rent Board.

Item J-2: RECEIVE a presentation from subsidized housing developers regarding their request for a waiver for payment of the FY 2016-17 and FY 2017-18 Residential Rental Housing Fee.

Item J-3: RECEIVE and APPROVE a project timeline for critical path items central to the development of the Rent Program.

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Wednesday, August 23, 2017
Richmond Memorial Auditorium, Bermuda Room
403 Civic Center Plaza, Richmond, CA 94804

Meeting Agenda

Item F-1: APPROVE the minutes of the July 19, 2017, Regular Meeting of the Richmond Rent Board.

Item F-2: APPROVE a contract with Carlos J. Alarcon for mediation and hearing examiner services, at a cost not to exceed $25,000, from July 1, 2017, through June 30, 2018.

Item G-1: ADOPT Regulation 17-07, regarding the Withdrawal of Rental Units from the Rental Market. 
This item has been held over to the September 20, 2017 Regular Meeting.

Item H-1: RECEIVE a mid-year progress report regarding implementation of the Richmond Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance.

Item H-1: PowerPoint Presentation

Item H-2: (1) RECEIVE a presentation regarding the right to raise the Rent up to the Maximum Allowable Rent level, also known as “banking” rent increases; and (2) RECEIVE AND CONSIDER draft Regulation 17-09, regarding the right to raise the Rent up to the Maximum Allowable Rent level, also known as “banking” rent increases, with limitations, such that the net rent increase in any one year as a result of the application of the current plus any deferred or “banked” AGAs does not exceed five percent (5%). This draft Regulation (17-09) would not become effective until September 1, 2018.

Item H-2: PowerPoint Presentation

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Wednesday, July 19, 2017
City Council Chambers
440 Civic Center Plaza, Richmond, CA 94804

Meeting Agenda

Item F-1: APPROVE the minutes of the June 21, 2017, Regular Meeting of the Richmond Rent Board.

Item F-2: APPROVE an amendment to the contract for Legal Services with Michael Roush increasing the amount by $80,000, to a total not to exceed $110,000, and extending the term to June 30, 2018.

Item G-1: ADOPT Regulation 17-09, regarding the right to raise the Rent up to the Maximum Allowable Rent level, also known as "banking" rent increases, under certain limitations.

Item G-1: PowerPoint Presentation

Item G-2: ADOPT Regulation 17-03, regarding Rental Units exempt from the Rent Control and Just Cause for Eviction provisions of the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance.

Item G-2: PowerPoint Presentation

Item G-3: ADOPT Regulation 17-04, regarding the filing with the Board of notices of rent increases and termination of tenancies and enrolling Rental Units with the Board.

Item G-3: PowerPoint Presentation