BTU Calls For Landlords to Be Fined for Campaign Violations, Again
On Thursday, May 18, 2017, Berkeley’s Fair Campaign Practices Commission (FCPC) would not decide to enforce the Berkeley Election Reform Act. Commissioner Dean Metzger asked that the staff report include past violations from the same offenders after BTU pointed out their history. In addition, Commissioner Greg Harper asked the city attorney for further information.
The next FCPC meeting will be Thursday, July 20, 2017
BTU LETTER: BTU letter for FCPC

June 13 City Council Votes on Developer Fees
On Tuesday, June 13 the City Council will hold a public hearing to increase the affordable housing mitigation fee from $34,000 ($30,000 if paid when the building permit is issued) to $37,000 ($34,000 if paid when the building permit issue is issued).  The affordable housing mitigation fee is one of the primary ways that the city funds affordable housing, making this increase extremely important.
You can let the city council know that you support the increase by emailing council@cityofberkeley.info and clerk@cityofberkeley.info

Santa Rosa Nears Rent Control Vote
“The largest contribution reported to date to the landlord committee, called “Citizens for Fair and Equitable Housing — No on C,” was $280,000 from the political action committee of the California Association of Realtors. A treasurer for the committee referred questions to the spokesman for the California Apartment Association…”
http://www.pressdemocrat.com/news/6793101-181/money-pouring-in-to-fight?artslide=0

The Democratic Party Supports Rent Control
The California Democratic Party supports rent control and just cause for eviction. This is a big deal. Many California Democratic lawmakers are in the pocket of the real estate industry, just like Republicans. They regularly vote against tenants to make sure they continue getting landlord and realtor money. Just recently, only 24 of 80 legislators voted for Assemblymember Rob Bonta’s bill to stop Ellis Act evictions of SRO hotel units in Oakland. If you are scratching your head as to how a narrow bill to stop evictions of some of the most vulnerable tenants in Oakland could lose by a landslide in the California Assembly where Democrats have a two-thirds majority, you obviously haven’t been in the halls of the Capitol recently….”
http://48hills.org/2017/05/23/historic-vote-democratic-party-supports-rent-control/

Owner Move In Evictions in Local Spotlight
It is known that some landlords pretend it’s an owner move-in situation simply to evict lower-rent tenants, and then re-rent units for higher rents. Investors buying duplexes, or other small properties with only a few units, with the intention either to hold on to them or flip them, may tell long-term tenants they plan to move in, just to try to get them to move without going through a legal eviction process.”
http://www.berkeleyside.com/2017/05/25/berkeley-sees-increase-owner-move-evictions-landlords/

Congratulations Maria!
I am thrilled that Maria is taking over my seat on the Berkeley Rent Stabilization Board!
“Poblet served many years as executive director at St. Peter’s Housing Committee in San Francisco and then spearheaded a merger with Just Cause Oakland in 2010 to form Causa Justa. The new group brought together one organization that had spent 25 years organizing Latinos with one that had spent 10 years organizing Blacks to push for economic and racial justice. Causa Justa is now the largest tenants’ rights group in the Bay Area. Poblet served as the organization’s executive director from 2010 until early 2017.”
http://www.berkeleyside.com/2017/05/16/prominent-tenants-rights-activist-appointed-berkeley-rent-board/

Councilperson Hahn Calls For Modifications to New Tenant Protections
http://www.dailycal.org/2017/05/31/owner-move-evictions-berkeley-rise-raising-concerns/

New Study Uses Small Sample, Ignores Rent Board Data
http://www.berkeleyside.com/2017/06/01/study-berkeley-8th-highest-rent-bay-area/

Inaccurate Report on High Rents Still Cause For Alarm
http://www.dailycal.org/2017/06/04/berkeley-rated-8th-highest-rent-bay-area/

These Were Sent By Members and Friends:

State Bill on Inclusionary Housing
http://www.ci.berkeley.ca.us/Clerk/City_Council/2017/05_May/Documents/2017-05-30_Item_30_Support_AB_1505.aspx

Awesome Overview of Berkeley Protections
https://www.mynd.co/landlord-journal/property-owners-cheat-sheet-berkeley

Rent Control is Neighborhood Stabilization
http://haasinstitute.berkeley.edu/rent-control-key-neighborhood-stabilization

San Jose Wants Rent Control
https://caanet.org/app/uploads/2016/08/San-Jose-Rent-Control-Guide_Interim-Ordinance.pdf

Six Bay Area Cities Have Ballot Measures
http://www.mercurynews.com/census/ci_30089584/mountain-view-residents-push-historically-elusive-rent-control

Getting Renters to Vote Might Be the Heart
https://ww2.kqed.org/news/2016/10/06/is-rent-control-fair-the-question-at-the-heart-of-the-debate/

Tenants Are Really Getting Together
http://www.tenantstogether.org/updates/5-cities-going-november-2016-ballot-rent-control

Landlords Tell the Same Old Lies
http://www.beyondchron.org/landlords-recycle-rent-control-falsehoods/

Alameda Arguments on CPI – Truth
http://www.eastbaytimes.com/2016/09/21/alj-letters-0923/

Santa Rosa Gets Rent Control
http://www.pressdemocrat.com/news/5979650-181/divided-santa-rosa-city-council?artslide=3

..But Will It Be Undone?
http://www.pressdemocrat.com/news/6084762-181/fate-of-rent-control-could?artslide=0

Rent Control on the Ballot in Mountain View
http://ww2.kqed.org/news/2016/07/27/mountain-view-rent-control-makes-its-way-to-november-ballot/

More on Mountain View
http://mv-voice.com/news/2016/04/07/tenant-advocates-submit-rent-control-measure

Rent Control on the Ballot in San Mateo
http://www.mercurynews.com/san-mateo-county/ci_30144869/san-mateo-rent-control-measure-headed-november-ballot

Rent Control on the Ballot in Burlingame
http://www.smdailyjournal.com/articles/lnews/2016-08-02/burlingame-rent-control-moves-to-november-ballot-council-unanimously-approves-measure/1776425166013.html

Richmond Sees Wave of Evictions Before Vote
http://www.eastbaytimes.com/2016/10/07/richmond-activists-protest-evictions-ahead-of-rent-control-vote/

Oakland Wants Real Rent Control November 8th
http://www.sfgate.com/bayarea/article/Oakland-voters-will-get-their-say-on-stricter-8399331.php

Richmond Landlords Jack Rents Before Vote too
http://www.eastbaytimes.com/2016/09/13/richmond-council-fails-to-pass-emergency-rent-moratorium/

Concord Wants Rent Control
http://www.eastbaytimes.com/concord/ci_30194850/concord-landlords-tenants-debate-rent-control

Property Owners Spend to Save
https://www.indybay.org/newsitems/2016/09/18/18791392.php

Owners Spend to Save in Berkeley Too
http://www.berkeleydailyplanet.com/issue/2016-10-07/article/44963?headline=Big-Landlords-Raise-Big-Bucks-to-Fight-Measure-U1-

Want to Keep Your Rent Control?
http://berkeleyrentboard.org/

Thanks to California Senator Diane Feinstein, there is a national movement to call for the Federal Trade Commission to investigate how commercial landlords using short term rental platforms are impacting housing shortages and contributing to high rents nationwide.

Now you can join their calls for a national investigation.
Airbnb-National-Petition

 

“Senators Dianne Feinstein of California, Brian Schatz of Hawaii and Elizabeth Warren of Massachusetts wrote a letter to FTC Chairwoman Edith Ramirez requesting the agency “study and quantify” the prevalence of commercial renters using Airbnb, HomeAway Inc., VRBO and other short-term rental services. The letter said activity on those sites can result in housing shortages and drive up prices.”
http://www.bloomberg.com/news/articles/2016-07-13/u-s-senators-ask-ftc-to-probe-airbnb-s-impact-on-housing

Feinstein, Elizabeth Warren and other US Senators are also calling for investigation into charges of race discrimination on sites like Airbnb:
http://www.reuters.com/article/us-usa-congress-warren-housing-idUSKCN0ZT2WI

Democrats Discuss Airbnb Problems…
RACISM:
http://thehill.com/policy/technology/289105-airbnb-race-controversy-comes-to-dem-convention
BAD DATA: https://www.theguardian.com/technology/2016/jul/27/airbnb-panel-democratic-national-convention-survey

…But Party Leaders Boost Short Term Rentals Use During Convention
Like Grucella, one-quarter of all Philadelphia-area hosts for this week’s DNC were new to the role. And their homes were in demand. Airbnb estimated its Philadelphia partners would welcome over 5,000 guests for the convention, a 250 percent jump from a typical week.”
http://www.philly.com/philly/business/20160730_Airbnb_has_a_busy_week_in_Philly.html
About 40,000 people are in Philadelphia for the convention, and Airbnb says 7,000 of them are using its home rental services, staying in spaces rented out by 3,000 hosts.”
http://www.bloomberg.com/news/articles/2016-07-26/airbnb-and-uber-to-democrats-you-need-us

Berkeley has passed up another opportunity to be a leader of policies that protect affordable housing by delaying any vote on short term rentals, even after a year of debate. 

Berkeley’s next hearing on Short Term Rentals is expected to be Wednesday September 7th at the Planning Commission.

Video about Airbnb Race Discrimination:
https://youtu.be/dOEd4h-pQfg

Congressional Black Caucus On Airbnb Racism
“Members of the CBC are deeply concerned about recent reports of exclusion of African-Americans on the Airbnb platform, and we sincerely hope the leadership of Airbnb will take the issue of discrimination seriously and implement common sense measures to prevent such discrimination and ill-treatment of its customers in the future.”
http://blackamericaweb.com/2016/06/27/airbnb-racism-allegations-head-to-capitol-hill/

More on Warren’s Call for Investigation:
“Opponents argue that Airbnb, a platform that allows users to rent out their homes to strangers, is aggravating housing crises in cities across the country by flooding markets with short-term rentals and, as a result, reducing much-needed affordable housing. While Airbnb claims that many of its users are occasionally renting out rooms to make extra cash, some experts who have studied the limited data available argue that the platform is allowing people to operate sophisticated hotel businesses while dodging taxes and other key regulations.”
https://www.theguardian.com/technology/2016/jul/13/elizabeth-warren-airbnb-government-investigation

This Tuesday, Berkeley’s City Council indicated they might backtrack on the decent short term rentals law they passed on May 31st. The second reading of the new law was held over at Councilman Capitelli’s request, and will be heard June 28th. Councilman Capitelli is also running for Mayor.

Basically, Berkeley Tenants have until next week to get as many letters to the City Council as AirBnB hosts already sent, or we will continue to see our rent controlled housing converted to hotel rooms. Air BnB got at least 200 Berkeley users to send our elected leaders form letters last week, and that’s all it took for Council to start wavering from the strong referral they made last summer.

1701 Oxford Has Every Unit on Airbnb
1701 Oxford Has Every Unit on Airbnb

 

ACTION: Send to: council@cityofberkeley.info

Thank you for passing a fair short term rentals law.
I support allowing people to rent their homes when they are on vacation, but I stand with the Berkeley Tenants Union in asking for strict enforcement of a ban on converting empty units into tourist rentals. It’s important that “hosts” be required to have a business license just like any other small business in Berkeley, pay their fair share of taxes, and display that license on their listings so it will be easier to enforce the law.

So far, the Rent Board, Planning Commission, and Housing Advisory Commission agreed about most provisions of the new law – The same provisions the Council itself asked for after a long public process last summer! But because a couple folks who are already breaking the law by renting their second unit as a short term rental pleaded that they will lose their homes if they are not allowed to continue to break the law, Council is wavering on a decades-old policy of not letting folks circumvent rent control by renting for less than 14 days. Also, because of pressure from corporations like HomeAway and Airbnb, Council is wavering on the only enforcement mechanism in the new law: requiring the business license on advertising.

This late first step toward dealing with the problems caused by short-term rentals in Berkeley comes at the same moment that San Francisco is revising their law to fine corporations like Airbnb $1000 per day if they advertise places that are not registered with that city, because so far only 25% of hosts in San Francisco are legal. San Francisco collected over half a million dollars in fines in the first six months of its new program.

City Council has asked staff to come back with more information on the 28th:
Info on the business license process, What is a Zoning Certificate? Why is displaying the license number on the ads is key to enforcement? What is the new San Francisco law? What is the difference between the staff and planning commission drafts? What is an ADU? What about in-laws with no separate kitchen? What are penalties for non-compliance? How will enforcement occur?

About Berkeley’s Draft Law
“We’ve gone years letting large landlords take entire buildings and a sizable number of rental units off the market,” said City Councilman Kriss Worthington.… “We need to start enforcement on large landowners who are constantly breaking the law and raking in lots of money… We need to stop that as fast as we can.”
http://www.berkeleyside.com/2016/06/09/berkeley-city-council-okays-spare-bedrooms-but-not-backyard-cottages-for-short-term-rentals/comment-page-1/

Short Term Rentals Are a Way to Circumvent Rent Control
“For these reasons and more, it should come as no surprise that so many Berkeley homeowners are choosing to rent via Airbnb (where any commitment is limited to a matter of days), rather than leasing to a local (who may overstay their welcome by decades).”
http://www.berkeleyside.com/2016/06/20/op-ed-why-airbnb-is-so-popular-among-berkeley-homeowners-a-cautionary-tale-on-renting-space-in-your-home/#disqus_thread

Airbnb Berkeley Form Letter
Airbnb Letter (PDF)

City Council Item Under Consideration
see https://www.berkeleytenants.org/?p=1681

San Francisco Starts $1,000 Penalties
http://www.sfexaminer.com/sf-legislators-approve-tougher-rules-airbnb/

Surprise! Corporation Fights New Regulations
https://techcrunch.com/2016/06/16/airbnb-launches-campaign-to-ease-registration-requirements-for-sf-hosts/

Harvard Study: Unregulated Airbnb Allows Racial Profiling
http://www.hbs.edu/faculty/Pages/item.aspx?num=46073

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

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