BPOA employee says U1 funds being misdirected.
“Tuesday night, they approved an “emergency” ordinance to buy the old Premier Cru building complex on University Avenue for $6.65 million. They want to use the site for future City Council chambers and maybe later, for affordable housing.”
http://www.berkeleyside.com/2017/03/31/opinion-berkeley-done-bait-switch-using-housing-funds-buy-new-council-chambers/

More on Council Item
It will repay the funds from money generated from excess property taxes and Measure U1, the new business tax on rental properties that voters approved in November. The funds will be repaid with interest, said city spokesman Matthai Chakko.”
http://www.berkeleyside.com/2017/03/27/city-council-set-buy-west-berkeley-building-will-move-meetings/

Council Item Itself
“$4.650 million (70% of the purchase price) from Measure U1 revenue”
http://www.cityofberkeley.info/Clerk/City_Council/2017/03_Mar/Documents/2017-03-28_Item_32_Acquisition_of_Real_Property.aspx

Other News

Rent Board Delays Appointing Commissioner
The Berkeley Rent Stabilization Board honored outgoing Commissioner Harr but decided to delay appointment of a new Commissioner until May. They chose to delay because Commissioner Murphy was absent due to a family emergency.
Here is the report that ranks contenders for the position, including several candidates who did not make the slate at the 2016 Tenant Convention. BTU is not taking a position yet, because most candidates are BTU members, including Stefan Elgstrand, Tim Kingston, and Christine Schwartz.
http://www.cityofberkeley.info/uploadedFiles/Rent_Stabilization_Board/Level_3_-_General/TBD_Candidate%20search%20results%20and%20rec%20memo%20and%20attachment_FINAL.pdf

People’s Park Anniversary as UC Considers Building, Again
April 23 is the anniversary celebration for People’s Park.
“In 1968 the University used eminent domain to evict the residents and demolish all the houses on the block. Apparently they talked of plans to build needed student housing but nothing happened. For a year the empty lot was an eyesore, muddy and strewn with garbage. In April 1969 activists put out a call for people to help create a park. Hundreds came and cleared the ground, planted flowers and trees and built a children’s playground. They created a park, a People’s Park, that still lives today.”
http://www.berkeleydailyplanet.com/issue/2017-03-31/article/45603?headline=Berkeley-s-People-s-Park-is-in-the-news-again–Lydia-Gans

BARF Lawsuit Could End Neighborhood Preservation
The Bay Area Renter’s Federation, (SF BARF) known as a tool for developers and not a tenants group, is suing over a Council decision to deny permits at 1310 Haskell.
“The law states that a city or county cannot deny the approval of a housing project that complies with its general plan and zoning ordinance without substantial evidence that it will negatively impact public health or safety.”
http://www.dailycal.org/2016/10/31/lawsuit-alleges-berkeley-city-council-illegally-revoked-housing-development-permit/

Low Income Tenants Ousted By Oakland Fire
“The residents even obtained a restraining order against the building’s landlord. And, now, their lawyer is calling for an arson investigation.”
http://www.eastbayexpress.com/SevenDays/archives/2017/03/27/landlord-of-west-oakland-building-destroyed-by-fire-was-working-to-evict-tenants

Harsh Laws Drive Artists to Unsafe Warehouses
The father of one artist who died in Oakland’s Ghost Ship Fire is speaking out about how impossible permitting processes and costly complex rules make it impossible for artists and musicians to make their spaces safe and legal and leave those without resources prey to slumlords.
http://www.sfgate.com/bayarea/article/Father-of-a-Ghost-Ship-victims-urges-lawmakers-to-11005032.php

UN Report on Housing as Commodity
It details the shift in recent years that has seen massive amounts of global capital invested in housing as a commodity, particularly as security for financial instruments that are traded on global markets and as a means of accumulating wealth. As a result, she says, homes are often left empty – even in areas where housing is scarce.”
https://www.theguardian.com/housing-network/2017/feb/28/un-report-lays-bare-the-waste-of-treating-homes-as-commodities

 Report Itself
“This influx of capital has increased housing prices in many cities to levels that most residents cannot afford – in some cities by more than 50% in a 5-year period. Housing prices are no longer commensurate with household income levels, and instead are driven by demand for housing assets among global investors. When housing prices skyrocket, low and sometimes even middle-income residents are forced out of their communities by high rent or mortgage costs. When housing prices plummet, residents face mortgage foreclosure and homelessness.”
http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=21264&LangID=E

Berkeley Tenants Union members voted overwhelmingly to support BTU member Kate Harrison for City Council in the upcoming special election.

harrisonendorsements-meeting-01-08-17-02

On Sunday, BTU joined with old friends Berkeley Citizens Action and new allies Berkeley Progressive Alliance to host a forum between the two candidates for District 4, Berkeley’s downtown City Council district. Berkeley will hold an election by mail to fill the seat left open when BTU member Jesse Arreguin became Mayor. Ballots must be postmarked by March 7.
Only about 20% of BTU members made the trek in heavy rains to cast a vote, yet almost every audience member submitted a question for the forum. The majority of questions focused on housing, displacement, and homelessness, but police accountability was also an issue. To guide members in voting, BTU / BCA / BPA also distributed responses from Harrison and graduate student Ben Gould to members of the three groups before the meeting.

questionnaire-harrison

questionnaire-gould

Gould was a good sport about supporting the landlord tax U1 in the last election, but he did tell the Daily Cal that the main differences between himself and Kate Harrison are their policies regarding housing, so BTU voters should take a close look at both candidates.

all photos: Christine Schwartz
all photos: Christine Schwartz

Support the Renter’s Choice
http://electkateharrison.com/

More on Harrison
Former Mayor Gus Newport spoke at Harrison’s press conference. Harrison is already endorsed by Mayor-Elect Arreguín, UCB’s Progressive Student Alliance, Sandre Swanson, Jean Quan, Councilmembers-Elect Sophie Hahn and Ben Bartlett, and seven Rent Board Commissioners so far.
http://www.dailycal.org/2016/11/30/kate-harrison-kicks-off-campaign-district-4-city-council-seat/

More Info on Election and Vote by Mail
http://www.ci.berkeley.ca.us/elections/

BTU Member Kate Harrison Runs in Special Election
“Arreguín, on his last day as the District 4 City Councilman, introduced Harrison, who has served on the Housing Advisory Commission, the Parks Commission, the Waterfront Commission and is a co-founder of the Berkeley Progressive Alliance.”
http://www.berkeleyside.com/2016/12/01/kate-harrison-begins-her-campaign-for-the-district-4-berkeley-city-council-seat/

Harrison Has Experience
“As a leader in passing Measure U-1, Harrison led volunteer efforts to secure $4 million a year in new revenues from the windfall profits of Berkeley largest landlords. These new revenues are to use to create and preserve affordable housing for the people of Berkeley.
Harrison earned her master’s degree in Public Policy from Berkeley’s Goldman School.
In her professional career, Harrison has managed state and municipal budgets and improved government efficiency while ensuring vital public services are maintained and employees treated fairly. Harrison’s work experience includes policy and executive positions in the San Francisco Mayor’s Office under Art Agnos, and at the California Administrative Office of the Courts….”
http://berkeleydailyplanet.com/issue/2016-11-25/article/45183?headline=Kate-Harrison-Enters-Berkeley-District-Four-Council-Race

Daily Cal on District 4
http://www.dailycal.org/2016/11/17/3-candidates-vie-mayor-elect-jesse-arreguins-city-council-seat/

Gould Supported By BARF
The Bay Area Renters Federation, known as a tool for developers and supporter of Air BnB, backs Gould.
http://www.sfbarf.org/

Learn About Ben Gould
http://www.bengould.org/

League of Women Voters Forum January 19
https://kpfa.org/event/berkeley-city-council-district-4-candidates-forum/

The Berkeley City Council may finally pass some Short Term Rental (STR) laws on Tuesday, May 31. The problem for tenants is that city staff won’t enforce the existing ban on STRs until Council makes the new laws, yet the draft being contemplated by Berkeley repeats the mistakes that have caused problems for San Francisco, Portland and other cities with tight rental markets that are popular tourist destinations.

In May and June of 2015, several activists and tenants impacted by short term rentals in their building filed code enforcement complaints on behalf of BTU against some of the landlords who are listing multiple empty units on AirBnB and other websites.

So far, Berkeley has refused to act on these and other complaints.

Some Landlords List Many Units
Some Landlords List Many Units

A new report from San Francisco on the impact of AirBnB on the rental housing market calls for SF Supervisors to require “hosting platforms” to only advertise rentals that are legally listed with the city. Yet Berkeley’s draft recommended by planning Staff does even require that an advertisement show an identifying license number.

We ask Berkeley Tenants to join BTU in asking the City Council to enact legislation requiring hosting platforms to only list units and hosts that are registered with our City and to fine hosing platforms like HomeAway, FlipKey and Airbnb if they advertise rentals which are not legal here. This would allow less expensive enforcement of the new laws, which will allow regular folks to rent out their own home. We hope the new law will stop large landlords from turning whole apartment buildings into hotels – as several have done already!
We also want to support the Rent Board, Planning Commission and Housing Commission in suggesting that units where tenants have been evicted through OMI or Ellis Act evictions should not be allowed to be short term rentals in Berkeley. Please take a look at the report from the Rent Board, which is an attachment below.
Finally, we suggest you write to the City Council to request that no whole units, not even in-law or accessory units, be converted to hotel rooms when we need every single housing unit to be offered to folks who live and work in Berkeley! Although the original Council referral asked that the law require any short term rental to be someone’s primary home, the Staff draft of the new law would allow some 2nd units on owner-occupied properties to be offered as tourist rentals. As the analysis of the impact of Airbnb in San Francisco shows, losing units to short term rentals does drive up housing costs.

More Information:

Kathy’s Letter on Enforcement
STRS Council May 2016 from KH

Handy Chart on Different Versions from Jesse Townley
http://www.cityofberkeley.info/uploadedFiles/Rent_Stabilization_Board/Level_3_-_General/7a2.pdf

Council Item 30 for May 31
This item has six attachments, including two versions of the ordinance. BTU favors the Planning Commission draft, but even that’s not ready to be law as written. The best place to access the item is in the full agenda packet on page 285.
https://dl.dropboxusercontent.com/u/35320626/2016-05-31%20Agenda%20Packet%20-%20WEB.pdf

Rent Board Report on No-Fault Evictions
https://www.cityofberkeley.info/Rent_Stabilization_Board/Committee_Meetings/2016/16_May_12_FULL_Agenda_Packet_4x4_Committee.aspx

Berkeley’s Housing Commission on Vacation Rentals
http://www.dailycal.org/2015/10/04/housing-advisory-commission-makes-short-term-rent-recommendations/

SF Report on Enforcement
http://www.sfbos.org/Modules/ShowDocument.aspx?documentid=55575

SF Analysis of STR Impact 2016
http://www.sfbos.org/Modules/ShowDocument.aspx?documentid=52601

Also on the May 31 Agenda:

Item 19 Support AB 2502 Inclusionary Housing
Ask the state to allow local requirements for affordable rental housing. Right now, Berkeley can’t require that developers include lower-income units on site if the housing being built will be rental housing. California needs to make a law to allow Berkeley control over local zoning mitigations.

Item 21 – End Discrimination Based on Tenant’s Income Source
Owners would have to accept Section 8 Housing Vouchers.

Item 27 Placing a Measure on the November 8, 2016 Ballot to Increase the Business License Tax on Owners of Five or More Residential Rental Units

Item 31 Tenant Protection OrdinanceRead more »

IMG_1151The Berkeley Rent Board won an important case regarding eviction threats and OMI evictions where the owner never moved in. The California Court of Appeal supported the Berkeley regulation that resets rent for new tenants at the lower controlled rent if the previous tenant moved within a year of getting an Owner Move-In notice.

In this case, a tenant who rented at 1807 Addison for 28 years and had refused informal requests to move finally got a formal eviction notice, so she made a deal, got some money, and moved. Then the owner rescinded the OMI notice. The tenants who moved in challenged their rent – which was more than double the old rent – under regulation 1016.

The regulation addresses withdrawn eviction notices for owner occupancy and states, “…if the tenant vacates within one year of the date of service of the notice, the tenancy is presumed to have been terminated by the owner as a result of the notice. The rental rate for the next tenancy established in the vacated unit shall be no more than the maximum allowed under the Rent Ordinance for the tenant who vacated.”

The Rent Board called the court decision a “victory for local control at a time when gentrification purges valued members of our community.” The Court referred to the landlord Jason Mak’s gambit as “subterfuge.”

Rent Board Press Release:
“The court ruled that when a landlord uses an eviction notice as “negotiating leverage” to secure an agreement that the tenant would “voluntarily vacate” the unit, the tenant did not actually vacate voluntarily.”
Mak press release (9-8-15)

Court Decision:
“The finding that the tenancy was terminated pursuant to the termination notice can hardly be questioned, notwithstanding the attempt to mischaracterize the situation in the agreement that Burns agreed to sign. Maintaining the rent level of the former tenant is a rational and proportional deterrent to the use of such an artifice in the future.
Mak Omi decision reg 1016

In the Papers:
http://www.contracostatimes.com/breaking-news/ci_28777456/berkeley-court-finds-property-owner-made-false-made

Tenants In the News

Several of these stories were sent in by BTU members:

BERKELEY

Berkeley Owners Claim Elected Officials Don’t Represent Their Interests
http://www.dailycal.org/2015/07/06/property-owners-should-be-involved-in-shaping-berkeley-housing-policy/

Development: BARF Invited, Berkeley Tenants Not
http://www.contracostatimes.com/breaking-news/ci_28596764/berkeley-residents-wary-6-story-adeline-street-mixed

SAN FRANCISCO

Removal of Units From Housing Market
The Housing Balance Report shows the city added 6,559 affordable housing units between 2004 and 2014. But during the same period, 5,470 apartments were “removed from protected status” through a variety of “no fault” evictions allowed by state law.

http://www.sfgate.com/bayarea/article/S-F-rent-controlled-apartments-lost-as-fast-as-6380744.php

Vacation Rentals Struggle Continues in SF
Tired of relying on their Supervisors – who crafted a law that city staff explained was unenforceable, then weakened that law a few months later – tenants and hotel workers in SF have joined forces to write a ballot measure.
http://ballotpedia.org/City_of_San_Francisco_Initiative_to_Restrict_Short-Term_Rentals_%28November_2015%29

Chronicle does Five-part Series on Impact of Short Term Rentals
http://www.sfchronicle.com/airbnb-impact-san-francisco-2015/#1

CALIFORNIA

El Cerrito: Low Income Renters Displaced at RV Park
http://www.eastbayexpress.com/oakland/low-income-tenants-to-be-directly-displaced-by-development-in-el-cerrito/Content?oid=4402578

Healdsburg Continues Ban on Airbnb
And why isn’t this a no-brainer for Berkeley’s Planning Commission too?
The City Council took little time Monday evening in unanimously upholding a ban on vacation rentals in residential areas, mainly in an effort to preserve the city’s housing for residents and workers — not visitors. “Anything that takes away from potential long-term rental stock is a non-starter,” said Mayor Shaun McCaffery, noting that the lack of affordable housing has risen to the top of the civic agenda with a recent wave of escalating rents and evictions of low-income tenants.”
http://www.pressdemocrat.com/news/4353074-181/healdsburg-reaffirms-ban-on-vacation

Sacramento Looking into Vacation Rentals
Sacramento is considering allowing landlords to rent out homes or rooms up to 30 days a year.”
http://www.bizjournals.com/sacramento/news/2015/08/13/how-sacramento-s-airbnb-proposal-stacks-up.html