Section 123. Powers and Duties.
The elected Rent Stabilization Board shall have the power to determine, to arbitrate and to set rent levels, whether through general or individual adjustments, of any unit which has controlled rents under any Berkeley Ordinance, and to administer any Berkeley program which regulates rents and evictions.
(1) Replacement of Appointed Board. The Board provided for in this Article shall, upon taking office, replace and supersede the appointed Board provided in Berkeley Ordinance 5261-N.S. The elected Board shall assume each and every, all and singular, powers, duties, rights and responsibilities of said appointed Board. At such time, said appointed Board shall cease exercising any of the above except to aid in transition as requested by the newly elected Board. At the conclusion of the transitional period (as determined by the elected Board) said appointed Board shall cease to exist as a legal entity.
(2) Hiring of Staff. The Board shall be a working Board and shall employ such staff as may be necessary to perform its functions efficiently and as provided by Berkeley Ordinance. The Board shall have the power to hire and fire staff notwithstanding Article VII, Sections 28(b) and (c) and Article XVI, Section 119 of the City Charter. The City Manager shall continue to provide such supportive services as are appropriate under Berkeley Ordinance. The Board shall follow the City of Berkeley affirmative action employment policy.
(3) Financing. The Board shall finance its reasonable and necessary expenses by charging landlords, annual registration fees in amounts deemed reasonable by the Board. Such registration fees shall not be passed on to tenants in the form of rent increases except with the express prior approval of the Board. The Board is also empowered to request and receive funding, when and if necessary, from the City of Berkeley and/or any other available source for its reasonable and necessary expenses.
(4) Additional Powers and Duties. With the Rent Board's consent, the City Council may assign additional powers and duties to the Rent Board as appropriate. Furthermore, the electorate may give additional powers or duties through initiative ordinance as provided by this Charter.
(5) Quorum. Five (5) Commissioners shall constitute a quorum for the Board. The affirmative vote of five (5) Commissioners of the Board is required for a decision, including all motions, rules, regulations and orders of the Board.