Want to know more about your tenants rights in general?
The Rent Board made a video that is a good place to start:
http://www.cityofberkeley.info/Rent_Stabilization_Board/Home/Videos.aspx

Want to get some emotional support, make the next renters able to defeat the landlord you just could not stop, or change that stupid law that screwed your friend? Become a BTU Member by coming to our next general meeting on June 6th! We can also mail you a member form if you email us a request. Sign up in the right-hand column to get on our mailing list, and click the link to Berkeley Tenants on Facebook. We are also going to be at Berkeley Farmers Markets this summer!

If you are a Berkeley tenant in crisis, the first thing you need to do is figure out is which sets of laws apply to you and where you can go for free advice on your rights.
YOU HAVE LOTS OF RIGHTS!

You can look online to see if you are covered by Rent Control, but just because your unit doesn’t appear on the Rent Board database does not always mean you are not covered. Also the Rent Ordinance gives renters many rights beyond just rent limits; for example, most units in Berkeley have Just Cause Eviction Protections even if you do not have controlled rent.

Rent Board Database: http://www.cityofberkeley.info/RentBoardUnitSearch.aspx

The Rent Board offers phone, email and drop-in help, but they tend to take a while (up to a week) to respond to messages, so BRING YOUR PAPERS and go see them!
Remember if you have an Eviction Notice (sometimes called a Summons or Complaint or Notice to Quit) you need help RIGHT AWAY. Sometimes you only have a FEW DAYS!

Although the East Bay Community Law Center will only help Extremely Low Income Renters (for example, two people must make less than $20,025 per year combined), they do hold periodic workshops for everyone. You must call 548.4040 to register for one.

Need repairs? Ask in writing! Rent Board can lower rent; code enforcement can issue citations.

BTU struggles to keep up with our counseling, which – for now – we can only do via email. It is best to write to us if you need help figuring out where to go first, want peer-to-peer assistance, or want to work on changing policies and laws. Also, drop us a line if you want to become a counselor or if you are an attorney who wants to get on the referrals list we are making.

See our Resources Page for other assistance!

Short Term Rentals held over by Berkeley City Council until Thursday July 7. BTU will post an update in a couple of days regarding the Mayor’s last-minute introduction of a proposed contract with Airbnb.

Durant Demolition approved under new demolition law which calls for mitigation of the loss of rent controlled housing through a fee to fund new low-income housing – however, the fee has not been set yet! Also, that developer has filed a lawsuit against the new version of the law.

Two Competing Landlord Taxes on Berkeley Ballot
Depending on the business license tax rate increase, the CSAH measure would fund 40 to 70 units annually, while BRHC’s would pay for just 12, Barton added. The measures also differ on exemptions. The apartment owners’ measure raises taxes on every rental housing unit currently taxed.

Gulbransen says the lack of exemptions makes their measure more equitable. The CSAH measure exempts tax increases on low-rent units housing tenants living under rent control since 1998, units rented under federally subsidized programs and permanently affordable inclusionary units in newer buildings.
http://www.mercurynews.com/breaking-news/ci_29928806/berkeley-voters-could-face-dueling-robin-hood-tax

But in California, the profits from ever-increasing land values aren’t shared for the public good. They’re collected by landlords in the form of higher rents…. But a broad-based coalition of Berkeley renters, affordable-housing activists, political leaders, and even some landlords are trying to revive the idea of a land tax. And they want to dedicate the millions it could raise to affordable housing.”
http://www.eastbayexpress.com/oakland/berkeley-city-council-approves-ballot-measure-to-tax-landlords-and-create-affordable-housing-fund/Content?oid=4818958

The additional tax would raise an additional $5 million a year from landlords over the current $3.5 million, for a total of $8.5 million a year, according to estimates by the Committee for Safe and Affordable Housing, which supports the measure. Apartments rented to Section 8 tenants, apartments with tenants in occupancy since before 1999, and certain other properties, would be exempt from the tax increase; there also would be a hardship exemption. The measure would prohibit passing the business tax increase along to most tenants. Proceeds of the tax increase would facilitate 45 affordable housing units per year.
http://www.eastbaytimes.com/breaking-news/ci_29974957/berkeley-council-oks-funding-measures-november-ballot

Rent Board Candidate Igor Tregub
Igor is also a member of the BTU Steering Committee.
http://www.dailycal.org/2016/05/26/igor-tregub-files-run-rent-stabilization-board/

UCB Report: Market Rate Housing Doesn’t Prevent Gentrification
http://www.eastbayexpress.com/SevenDays/archives/2016/05/27/uc-berkeley-report-lao-wrong-about-market-rate-housing-panacea
see also
https://news.berkeley.edu/2016/05/23/researchers-stress-role-of-subsidized-housing-in-easing-affordability-crisis/

Council Talks About Housing Plan
Proposals approved for implementation or further study ran the gamut from financial incentives and taxes, to rezoning, red tape-cutting, beefing up the city’s Affordable Housing Trust Fund and protections against eviction. Many will be the subject of a larger council discussion on housing tentatively scheduled for early fall.
http://www.eastbaytimes.com/breaking-news/ci_29919572/berkeley-backs-package-steps-address-housing

Jesse Arreguin Discusses Housing Policy
http://www.dailycal.org/2016/05/31/berkeley-city-must-take-comprehensive-approach-to-housing-crisis/

UC Students Have Trouble Accessing Rights
http://www.dailycal.org/2016/06/20/housing-struggles/

San Francisco Tenant Takes On Costa Hawkins in the Media
http://mediaoneservices.com/mary-catherine-wiederhold-and-neil-hutchinson-62816/

Affordable Housing Bond on Alameda County Ballot
http://www.ebho.org/2012-02-07-00-50-21/regional-policy-a-land-use/alameda-county-housing-bond

Concord Wants Rent Control!
The full City Council is scheduled to discuss the rental situation in Concord and the policy options available to the council on July 26.”
http://www.eastbaytimes.com/concord/ci_30066419/rent-control-hot-topic-concord

Berkeley rents are up at least 50% in five years!

The Berkeley Rent Board gets quarterly reports on market rents for new tenancies in rent controlled apartments. Since rents are rising so quickly, they recently voted to send their latest reports to the City Council. Keep in mind, these are not controlled rents, nor are they inclusive of the whole market. Because of the 1996 state law Costa-Hawkins, owners can set a new rent at anything they want when a new tenant moves in. Those new rents are the numbers recorded in this report. Berkeley’s Housing Element report shows these rents tend to be lower than the total market rent in Berkeley because rent controlled buildings are older and don’t have fancy amenities like gyms or even WiFi.

report-2016
From the Rent Board Market Median Report January 2016

The whole report is here: http://www.ci.berkeley.ca.us/uploadedFiles/Rent_Stabilization_Board/Level_3_-_General/6a6_16%20Jan%2019_Transmittal%20to%20Council_MedianRents_Q2%20to%20Q3_2015.pdf

update 8/9/15: RICHMOND GOT PROTECTIONS! 

“The ordinance, first voted on in July, has undergone several changes and required two readings before becoming law. It takes effect Sept. 4 but will base rents at their July 21 levels to prevent landlords from spiking prices. … Under the new law, landlords will only be able to increase rents by 100 percent of the Consumer Price Index, roughly 2 percent a year, and pass on 40 percent of the city-imposed fee to tenants. The fee is estimated to range between $170 and $230 a year per unit, or $14-$19 a month.
The ordinance applies to about 10,000 units in the city and excludes all housing built after Feb. 1, 1995, single-family homes, condominiums and units used for child and residential social services provided on a nonprofit basis. It also includes a just-cause for eviction ordinance that covers all rental units in the city and prevents residents from being evicted without a reason.”
http://www.marinij.com/general-news/20150806/richmond-rent-control-ordinance-finalized/3

The Contra-Costa times did an in-depth article about Richmond’s situation. Sadly, they have a lot of quotes from opponents of rent control and little from organizers in Richmond. BTU wasn’t contacted, even though this article highlights Berkeley’s strict rent control system, which many had hoped Richmond would use as a model.
http://www.contracostatimes.com/breaking-news/ci_28607835/richmond-seeks-middle-ground-rent-control

Previous article: Richmond passed rent control and eviction laws in July, but the proposal failed to pass the required second reading this week.

With the new law, Richmond would become the first city in Contra Costa County to restrict rents. The program would be funded by a $370 per unit fee, much higher than the fee Berkeley landlords plan to challenge in court. However, some of the fee may be passed to Richmond renters.

Like Berkeley, Richmond plans to register and track rents. Richmond’s proposed law exempts tenancies assisted by the Housing Authority, including Section 8 rentals, as well as single family homes and post-1995 buildings, as required by state law.

“Proponents note that Richmond’s black population fell 35 percent from 2000 to 2013. The median rent rose 13 percent from January 2014 to January 2015, according to UC Berkeley’s Haas Institute for a Fair and Inclusive Society.”
http://www.sfgate.com/bayarea/article/Rent-control-stalls-in-Richmond-at-least-for-6413720.php

“Rent increases will be pegged to 100 percent of the Consumer Price Index for the region, or roughly 2.3 percent a year.”
http://www.contracostatimes.com/richmond/ci_28520869/richmond-becomes-first-city-contra-costa-approve-rent

“The rent control ordinance, set to take effect on Dec. 1, applies to about 9,900 units out of almost 34,000 total rental units, according to City Manager Bill Lindsay. About half of the city’s housing stock is rental.”
http://www.bizjournals.com/sanfrancisco/blog/2015/07/richmond-passes-rent-control-contra-costa-fees.html

“In a new twist, landlords will now be able to pass 40 percent of the associated fees on to their tenants. The fees would vary from $170 to $230 per unit per year, or $15 to $20 a month.”
http://www.contracostatimes.com/richmond/ci_28573415/richmond-tenants-pay-40-fees-from-rent-control

A special edition of the Berkeley Property Owners Association newsletter came out in early July, announcing their plans to spend at least half a million dollars each year to fund the Berkeley Rental Housing Coalition. Their announcement begins:
“Since the beginning of permanent rent control thirty-five years ago, knowledgeable people have often suggested that Berkeley property owners should establish a legal defense fund and /or a political action committee.”

Apparently, our Mayor, Tom Bates, is one of those people!

In his speech, Bates also called for an end to the elected Rent Board in Berkeley. In recent press articles, the landlords have said the Board is “answerable to no one” – BTU thinks the Board is answerable to the voters, since they are elected.

From the Contra Costa Times: “Introduced by BPOA President Sid Lakireddy as a friend and supporter of the organization, Bates talks about his early days as a real estate salesman, manager and developer, observing wistfully that a former partner later became a billionaire… He touts the Downtown Area Plan; mocks the sponsors of a move to modify it last year; proposes a downtown office building to entice startup companies to stay in Berkeley; and suggests it might be time to bring the Rent Stabilization Board and the Berkeley Housing Authority under direct city control.
Late in the video, Bates sounds a warning: “You need to organize yourselves,” he says. “You need to think about the possibility of forming a PAC … because you’re going to be under attack.”
http://www.contracostatimes.com/breaking-news/ci_28426339/fremont-chastised-destroying-emails-berkeley-mayor-tom-bates

Landlords Plan to Sue Rent Board
“It depends on the money they have. They can run candidates,” UC Berkeley assistant adjunct professor public policy Larry Rosenthal said about the new coalition’s potential influence. “A group of landlords that are organized well will have substantial influence.”
http://www.dailycal.org/2015/06/25/berkeley-landlord-coalition-raises-money-to-seek-greater-political-influence/

People Power Can Beat Money Every Time!
Get Involved! Come to the Potluck July 8th!

Berkeley Still Has It Better
“…In Oakland, when a landlord unlawfully raises rents throughout an entire building, the burden falls to each tenant to write a formal petition and present his or her case in a hearing. As a result, many 1565 Madison residents — who chose not to file petitions or missed a hearing, in some cases because they didn’t have the resources to complete paperwork or because they feared retaliation — have to pay the entire rent increase, even though the city deemed a portion of it illegal.”
http://www.eastbayexpress.com/oakland/how-oakland-landlords-prevail-in-rent-disputes/Content?oid=4345386

Berkeley Tenants are urged to join members of the notorious Berkeley Property Owners Association at a Public Hearing this Monday, May 4 at 7 PM

Screen Shot 2015-05-01 at 1.01.34 PM

The Board must consider raising their registration fees for the first time since 2009.

Tell Them Yes
The Rent Board must maintain or increase their services!

The fee might go up as much as 10%.
Market Rents have gone up at least 10% EACH YEAR, according to several sources. Even rents under rent control have gone up over 8% since the last time the Rent Board raised their fee. But the landlords are going to tell the Board they can’t afford another $19 a year. Even though the entire registration fee is less than 1% of the average rent for a one-bedroom in Berkeley.

Please join BTU on Monday.
Tell your story.  Encourage the Board to maintain staffing, or even increase services.

Landlords Can Afford It: Rents Going Up Up Up!

Rents in the East Bay up 62.5% in five years
http://www.ctbtapartments.com/images/reports/Bay_Area_Multi_Family_Snapshot_Q1_2015.pdf

“Berkeley had the largest change, with a 32.4 percent spike in rents from January 2014 to January 2015.”
http://sf.curbed.com/archives/2015/02/24/yikes_the_bay_area_leads_the_nation_in_annual_rent_growth.php

http://www.mercurynews.com/business/ci_26733312/bay-area-apartment-rents-at-record-high

http://abc30.com/realestate/san-francisco-bay-area-rents-continue-to-climb/504262/

Where Does the Money Go? Rent Board Info:

7a3_Prelim Mkt Medians Report for Q2 Q3 Q4 2014-1

At BTU, we’ve always found the above chart from the Rent Board a little curious. We never see Berkeley apartments on Craigslist for as low as these “median” rents above. For more info on REAL rent increases in Berkeley, see https://www.berkeleytenants.org/?p=1085

The Rent Board voted to increase the fee by $19 on May 11, 2015. BTU had three times as many speakers as the landlord association at the May 4 hearing.

3000 block of College Ave.

Rents in Berkeley are rising dramatically. What’s going on? Two things are creating upward pressure on both rent- and non-rent-controlled units. These phenomena are:

1) The skyrocketing rents in San Francisco, which push people across the Bay, and
2) The ongoing construction of expensive new (thus not rent-controlled) apartment housing in Berkeley.

If you’re a doctor or high-paid techie, no problem. But if you’re a teacher or postal worker, good luck! Berkeley is becoming a bedroom community of upper-middle class professionals.

From $1817 to $3465
1300 block of Euclid Ave

This one-bedroom unit was rented back in 2002 at $1,550 to one tenant. Its 2014 rent ceiling is $1,817.93. Had it remained rent-controlled under pre-Costa-Hawkins rules, the rent ceiling would be $1,353.

The owner recently filed a Vacancy Registration stating that the unit had been rented to a new tenant on July 1 for $3,465. Still listed as one bedroom, still rented to one tenant.

From $1250 to $3380
1200 block of Alcatraz Avenue

This one looks like a flip, and sure enough, some pretty big rent increases have been taken. Here is the history:

All three units were rented out by the previous owner in 2007/2008:
#A was rented out in 2007 at $1,250;
#B was rented out in 2008 at $1,000;
#C was rented out in 2008 at $450 (it is a studio, but this still seems like a below-market rent).

In 2008 #A was claimed exempt because it was rented out to a Section 8 tenant, and #C was claimed exempt as not available for rent. (No change reported for #B.)

In December 2012, the entire property changed hands, and all three units were claimed exempt as owner-occupied as of that date, probably in error.

Then, in May 2013, the property was sold to a new owner. And sure enough, in August of 2013: Rents more than twice those charged in 2007/08!

#A was rented for $3,380;
#B was rented for $2,380,
#C was rented for $1,080.

The new owner has listed the property for sale several times – this is from one recent real estate listing: “Currently Producing $6840 a month from rent. THE HIGHEST RETURN ON THE MARKET IN BERKELEY! Average rent per unit is $2280. Over 200 applicants prior to August 2013 placement of current tenants. There are no substitutes for good quality of life & peace of mind! Maybe that’s why an all cash million dollar offer was dismissed?

From $3090 to $3690
1500 block of Walnut Street

This also seems to represent fairly big rent increases over the years, but it also needs to be said that the rent goes up as the number of tenants goes up.

In 2002, it was rented to 4 people for $2,200.
In 2005, it was rented to 2 people for $1,750.
In 2009, it was rented to 5 people for $3,090.
In 2012, it was rented to 7 people for $3,690.

Thus, not quite apples to apples. Without Costa-Hawkins rent increases, under Berkeley’s old system of rent control, the rent ceiling would be $1,326.

From $1600 to $3200
3000 block of College Ave

Two of the units have turned over and been fixed up. The tenant in the third unit, who had several cases before the Rent Board, recently passed away. We assume that in the near future the Board will receive a revised registration form raising the rent significantly.

While the owner has done substantial work on the property, it was purchased for a bargain price in 2008 and the owner only pays taxes on a value equal to the average single family home bought in Berkeley this year, while soon his rents will total Over $110,000 a Year for this triplex.

Unit 1
Before Costa Hawkins increase — $674.27.
After Costa Hawkins increase — $3,300.00 (8/1/13).

Unit 2
Before Costa Hawkins increase — $581.61.
After Costa Hawkins increase #1 — $1,600.00 (8/1/12).
After Costa Hawkins increase #2 — $3,200.00 (6/1/13).

Unit 3 (long-term rent controlled tenant) — $670.46.

Average rent in San Francisco jumped 19% this year.

“Priceonomics puts the median price of a San Francisco apartment renting today at $3,600, up from $3,023 last year. Studios are fetching $2,300, one-bedrooms come in at $3,120, the median two-bedroom costs $4,000, and three-bedrooms are going for $4,795.”
http://sf.curbed.com/archives/2014/08/14/colorcoding_san_franciscos_totally_bonkers_rental_market.php

Rent Prices Are Going Up, But Your Income Isn't. Original chart with data source: http://www.motherjones.com/politics/2014/06/rental-affordability-crisis-hud
Rent Prices Are Going Up, But Your Income Isn’t. Original chart with data source: http://www.motherjones.com/politics/2014/06/rental-affordability-crisis-hud

The numbers are a good indicator of why any eviction from a rent-controlled unit today is also an eviction from San Francisco entirely: prices are just too damn high to find a new apartment at a comparable rate.
http://www.sfbg.com/politics/2014/08/13/san-francisco-rent-explosion-median-rent-two-bedroom-apartment-tops-4k

It’s a national problem: the foreclosure crisis made former owners into renters, the federal government cut housing assistance, and now more than 28% of Americans pay more than half of their salaries for rent.
Mother Jones: National Data on Rising Rents
http://www.motherjones.com/politics/2014/06/rental-affordability-crisis-hud

The 2014 Rent Board Slate: (left to right) John Selawsky, Paola LaVerde, Katherine Harr, and James Chang. Not pictured: Jesse Townley
The 2014 Rent Board Slate: (left to right) John Selawsky, Paola LaVerde, Katherine Harr, and James Chang. Not pictured: Jesse Townley

The Berkeley Tenant Convention on Sunday July 13 chose the five candidates most Highly Recommended by the Berkeley Tenants Union screener: incumbents Jesse Townley and Katherine Harr, former School Board Director John Selawsky, and first-time candidates Paola LaVerde and James Chang. Selawsky, Harr, and Chang all serve on the BTU steering committee.

Daily Californian Celebrates Student Candidate
“I’m talking about fighting for the soul of Berkeley,” Chang said at the convention. “In Berkeley, student issues are community issues, and community issues are student issues.” http://www.dailycal.org/2014/07/13/pro-tenant-slate-chosen-berkeley-rent-board-race/

More Information on the Convention:
http://berkeleytenantsconvention.net/

In Other News

Berkeley City Council Passes NAACP Recommendations
“Ultimately, these measures will not be enough. They are a set of steps to stop the bleeding of lower-income residents from Berkeley, many of whom are people of color. But in the long run, the only effective way to combat gentrification is through the strict application of rent control.”
http://www.dailycal.org/2014/07/14/berkeley-housing-vote-step-right-direction-miles-still-go/

No Rent Control? No Security Against Displacement!
When one unit in the predominantly artist-occupied complex was put on the market a couple months ago, an attorney who had her eye on the space offered to pay $2,650, or $300 above the rental listing price. The landlord, one of the original developers of the complex in 1990, accepted the offer. Wells’ landlord, who had recently inherited the property, got word of the unprecedented demand, and notified her that her rent would be raised as well, from $2,200 to $2,650 — a 20 percent increase — effective in September. Wells, and another tenant whose rent was also increased, have no choice but to leave.”
http://www.berkeleyside.com/2014/07/03/is-the-tech-boom-putting-pressure-on-berkeley-rents/

No Dogs Allowed
“Rental search startup Lovely reports that just 17 percent of the rental apartments on their site specifically indicate that dogs are accepted, compared with 40 percent in Los Angeles and 48 percent in Chicago.”
http://www.sfgate.com/bayarea/article/Pet-owners-struggle-as-fewer-S-F-landlords-allow-5603191.php

Demolition Evictions in SF up 300%
“…evictions for things like owner move-ins, demolitions and withdrawal of units from the rental market rose dramatically last year to 673.”
http://sanfrancisco.cbslocal.com/2014/03/24/rent-board-report-san-francisco-demolition-evictions-up-300-percent/

100913Thursday, October 10 at 5 PM
Final Public Hearing on Seismic Retrofits
City of Berkeley Hearing sponsored by ASUC
UC Berkeley Alumni Hall: 2537 Haste Street

Currently, the plan is to allow landlords to pass costs onto tenants if the landlord can claim paying for the retrofit is a hardship. Since Rent Board rules already allow owners to pass costs on to tenants if they are not making a fair return on their investment, these new hardship rules imply that owners who “need” to raise rents for seismic safety are already making a fair return, so where is the hardship??!

REVISED DATE! Tuesday, November 19 at 7 PM
Seismic Retrofits to City Council
Council Chambers: 2134 Martin Luther King Jr. Way

The Rent Board recommendations were posted in a recent BTU update: Rent Board Seismic
The Housing Advisory Commission recommendations: HAC Memo SWOF with HAC amendments

more info:
http://www.ci.berkeley.ca.us/Planning_and_Development/Building_and_Safety/Soft_Story_Program.aspx