Author: berkeleytenants

By Posted on Posted in Actions

Like her husband Mayor Bates, Berkeley’s representative in the California Senate is starting to vote against tenants. BTU needs you to stand with us, and tenants across the state, to stop a very real threat.

We are asking you to take two actions:

  1. Call Loni Hancock right now, and tell her you are ashamed of her vote on AB1513.
    Call (510) 286-1333
  2. Sign Tenants Together’s message to our Senator and ask your friends to do so too!
    http://org2.salsalabs.com/o/5247/p/dia/action3/common/public/?action_KEY=17893

The proposed law Hancock voted in favor of at the Senate Rules Committee is sponsored by the Association of Realtors. The wording allows any owner to ask the police to evict a tenant without going to court if the landlord claims the tenant is trespassing. That means any renter who can’t produce a written lease when the cops come to the door is at risk.

Banks claim they want this extra- judicial eviction option because there are squatters, but banks have a long history of trying to evict legitimate tenants. Even though the bill has been amended to impact “only” three cities, it sets a dangerous precedent, it could be expanded and it leaves tenants in Palmdale, Lancaster and Ukiah at risk of being thrown on the street without having their day in court. Regular eviction proceedings are already fast tracked. There are laws against trespassers, too. This law is unnecessary!

Additionally, the bill has no penalties for landlords who lie. So if the tenant later shows they were legit, they would have to convince the District Attorney to prosecute the owner for perjury, or nothing at all will happen to those who try to harass renters this way. This is what the Berkeley Rent Board was told by the legislative advocate the Board has instructed to try to stop the bill.

This bill just is not fair! Let the judge decide!

Update:

“Current law allows police to arrest trespassers, and when it isn’t clear if someone’s a trespasser, the matter gets resolved in court where a tenant has the right to trial in an expedited proceeding. The bill’s author and its sponsor, the California Association of Realtors, have not explained why existing law is not sufficient to deal with trespassers. Legislators have not even asked the author or sponsors to come forward with a single case in which a new “eviction by declaration” law is needed. Yet the bill continues to advance. This contrasts sharply with how tenant protection bills are treated in the Capitol.” http://beyondchron.org/eviction-by-declaration-bill-advances-exposing-sacramento-double-standard-on-tenants/

Analysis:

“Not simply a bill to address tenants living in foreclosed homes, AB 1513 could seriously jeopardize tenants who have no protection of a written lease agreement. AB 1513 could allow slumlords to evict their tenants simply by stating to the police department of their local jurisdiction that their tenant was an “unlawful occupant,” nullifying the tenant’s constitutionally protected due process.” http://sandiegofreepress.org/2014/04/california-state-assembly-bill-ab-1513-will-take-away-tenants-rights/#.U7NwCGS9Kc0

“AB 1513 is also unclear regarding a resident’s rights if a property owner improperly evicts. It appears that the property owner’s only liability is based upon perjury. Accordingly, even a resident improperly evicted by a property owner making a false statement would have no recourse if the property owner’s false statement was made due to a mistake, lack of knowledge, or even lack of understanding regarding the law. Because of this, AB 1513 places a premium on the ignorance of property owners who can evict residents at will as long as they subjectively believe they have the right to do so.” http://oaklandwiki.org/AB-1513

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billEllis Act Update

Mark Leno’s Ellis Act reform bill (SB1439) was amended so only San Francisco tenants will be protected if the law passes. Yet tenants all over California are rallying to support long-time renters who face a dire situation in San Francisco, so the bill passed the state Senate and is now in the Assembly. It goes to the Housing and Community Development Committee on Wednesday.

The Berkeley Rent Board voted in March to ask Loni Hancock and Nancy Skinner to work to amend the bill so it  protects East Bay renters. The Board will get an update from the legislative advocates on Monday June 16 on this and other state legislation.

There were no Ellis evictions filed in Berkeley from 2011 through 2013. The Rent Board gives a report once a year, but tenant advocates have told the Tenants Union that there are many renters in Berkeley threatened with Ellis evictions. When tenants leave without an official eviction, there is no statistical record.

http://www.sfgate.com/realestate/article/S-F-Ellis-Act-reform-bill-passes-in-state-Senate-5514880.php

http://www.thebolditalic.com/articles/5123-woohoo-ellis-act-reform-bill-passes-in-state-senate

Amended “Squatters Bill” Remains Threat to Renters

A bill in the state assembly intended to allow cities to evict squatters without going through a full eviction process in court could put any tenant without a written lease at risk of losing her or his access to the justice system. BTU worked to discourage our representatives in Sacramento to support the bill.

Recently, AB1513 was amended to only cover a couple places in Southern California, but if it is made law, it could set a dangerous precedent to allow the police to remove renters without the owner going to court. 

http://beyondchron.org/szetso-piece-ab-1513-update/

Berkeley Supports Renters Tax Assistance 

On June 3, Berkeley City Council approved a recommendation from the Housing Advisory Commission to support AB 2175 (Daly). The bill calls for restoration and expansion of State Tax Assistance to Renters, particularly seniors, the disabled, and low-income folks. Council voted to send letters to State Senator Hancock, Assembly member Skinner, and Governor Brown to communicate the City of Berkeley’s support for AB 2175. 

The Rent Board also voted in March to go on record supporting the bill, and will get an update on Monday June 16 from the legislative advocate.

Expanding Seismic Retrofit Requirements to Other Types of Buildings

In March, the Rent Board also voted to advise the City Council to review AB 2181, which would authorize cities to implement retrofit requirements on non-ductile concrete residential buildings by adding those structures to existing law regarding soft story buildings.

By Posted on Posted in Actions

JUNE 7 – Berkeley Neighborhoods Council Forum
Art House Gallery 2905 Shattuck Ave. 10 AM to 1 PM

For more info on the Neighborhood Preservation Forum see http://www.berkeleyneighborhoodscouncil.com/index.htm

JUNE 13 – Housing Crisis Conference The SF Public Press sponsors a gathering “to innovate solutions that address the need for affordable housing in San Francisco.” http://sfpublicpress.org/hackthehousingcrisis

JUNE 21 – Robin Hood Committee Party! – CANCELLED
The Committee for Affordable Housing and Robin Hood Initiative host a thank you party – next steps will be announced, but mostly this night will be for having fun and hanging out.

JUNE 24 – Housing at City Council
According to the Berkeley Citizens Action newsletter, the Berkeley City Council will consider several proposals from the Housing Advisory Commission on Tuesday, June 24.

JULY 13 – CALLING ALL PROGRESSIVES!
The bi-annual Convention will be held to choose a progressive slate for the November Rent Board election. The convention starts at 1:30 PM at the South Berkeley Senior Center. See http://berkeleytenantsconvention.net/ for updates.

All potential candidates who believe in rent control and will work so that affordable housing remains a priority in Berkeley are invited to seek the nomination and should contact the convention in order to participate in the screening process during June.

By Posted on Posted in Issues

Berkeley Referendum Ends in Tears
“At issue was the redistricting map the council approved in December, with Worthington, Anderson and Arreguin dissenting. The city must adjust council boundary lines after each decennial census to equalize the population among council districts.The ordinance approving those boundaries was set aside after opponents collected some 7,800 signatures supporting the referendum. The city sued to have the judge temporarily lift the stay, in order to use the council district boundaries approved in December for the November election.”
http://www.contracostatimes.com/west-county-times/ci_25677403/berkeley-judge-rules-city-council-redistricting-suit

Daily Planet: Mayor Used Public Resources
“These two public statements using government resources appear to violate the state law around misuse of public resources for political purposes…”
http://berkeleydailyplanet.com/issue/2014-05-02/article/42084?headline=Berkeley-Mayor-Uses-Official-Newsletter-and-Public-Resources-to-Oppose-Green-Downtown-Petitions-Arreguin-Protests

Robin Hood Initiatives Miss 2014 Ballot, Continue for 2016
Our friends at FundAffordableHousing.org tell us that Robin Hood was unable to make the deadline for the 2014 ballot, so signature gathering will continue later in the summer, and these measures will be on the 2016 ballot.

BTU 1970
BTU 1970

Robin Hood in the Daily Planet
http://www.berkeleydailyplanet.com/issue/2014-05-09/article/42090?headline=Tax-the-Rich-to-House-the-Poor–By-Katherine-Harr-Jesse-Townley-from-the-Robin-Hood-Committee

Judges own Banks?
East Bay Express: Are Foreclosure Cases Rigged?
Forty-two of California’s 105 appellate court judges (or 40 percent of the bench) own significant amounts of stock in at least one financial company. Seventeen justices disclosed owning stock or bonds in Bank of America in 2012, the most of any bank, followed by Citibank with ten judges owning at least $2,000 in securities.
http://www.eastbayexpress.com/oakland/are-foreclosure-cases-rigged/Content?oid=3922254

Oakland Tenants Gain Small Victory
The Oakland City Council voted last night to tighten the city’s rent control law after landlords and tenants’ groups reached a compromise deal… The new rules, which take effect this summer, cap rent hikes to a total of 10 percent a year for upgrades to buildings. They also prohibit landlords from passing on all the costs of capital improvements to tenants, capping the total at 70 percent. Oakland’s rent control laws, however, are still weaker than other cities, including San Francisco and Berkeley.
http://www.eastbayexpress.com/SevenDays/archives/2014/03/19/wednesday-must-reads-oakland-council-approves-new-rent-control-rules-richmond-council-raises-citys-minimum-wage-to-1230-an-hour

San Francisco Cracks Down on Vacation Rentals
“Illegal short-term rental conversions of our scarce residential housing stock” are contributing to “a housing crisis of historic proportions,” City Attorney Herrera said in a statement.
http://www.sfgate.com/bayarea/article/S-F-city-attorney-sues-2-landlords-over-5425826.php

Landlord Comments on Robin Hood Initiatives (April 29)
As you can tell, I don’t like this ‘windfall profits tax’, which I think is a cruel voter hoax; however, there is one good thing about it. I will be exempt from paying it! Yes, this ‘windfall profits tax’ ballot initiative specifically states that landlords who own single family houses and duplexes will not have to pay the new tax, and the only rentals I own in Berkeley are single family houses and duplexes. So even though I think this tax is a bad idea, I don’t plan to get involved in this campaign.
http://www.tarses.com/blog/

 

By Posted on Posted in Actions
BTU at the Farmers Market
BTU at the Farmers Market

Saturday May 10 will be the last day to sign the citizens initiatives from the Robin Hood Committee at the Berkeley Tenants Union table at the Center Street Farmers Market.

The Windfall Profits Tax on High Rents will increase the business license tax on landlord investors and speculators by 1.9% – the ballot measure will not raise the tax on single family homes, duplexes, and landlords who live in the building and own less than ten units. The increase will not apply to units rented under Section 8 and the measure would eliminate the existing tax on rents from long-term rent-controlled units. This is a tax designed to capture a small portion of the $100 Million a Year in excess profits that investors take from Berkeley renters, and put that 1.9% to use for our most vulnerable citizens.

The Affordable Housing measure addresses the top concern on the recent Community Survey: Berkeley needs to build more affordable housing. This companion measure takes $3.5 million of the Windfall Profits Tax and dedicates it to the Housing Trust Fund. The fund is used by the city, housing developers like Satellite and RCD, limited equity co-ops and student co-ops. The portion of the money from the Windfall Profits Tax dedicated to affordable housing is expect to generate 40 units of Affordable Housing a year for Berkeley.

The Robin Hood measures have been endorsed by BTU Steering, as well as The Green Party of Alameda County, Berkeley Citizen Action (BCA), East Bay Housing Organizations (EBHO), Satellite Affordable Housing, Resources for Community Development (RCD), Bay Area Community Land Trust (BACLT), Democratic Socialists of America, Council Members Jesse Arreguin, Kriss Worthington and Max Anderson, Rent Board Chair Lisa Stephens, Vice Chair Harr, Rent Board Commissioners Soto-Vigil, Webster, Shelton, Blake, Dodsworth and Townley, Housing Advisory Commissioners Darrow and Tregub, former School Board leader John T. Selawsky and many more.

Full text of the measures: http://www.fundaffordablehousing.org/

Transfer of wealth from tenants to investors: https://www.cityofberkeley.info/uploadedFiles/Rent_Stabilization_Board/Level_3_-_General/Economic%20Effects%20of%20Rent%20Stabilization%20in%20Berkeley_Cleancopy.pdf

By Posted on Posted in Issues
Photo courtesy https://www.flickr.com/photos/andscene/
Photo courtesy https://www.flickr.com/photos/andscene/

Robin Hood Committee Aims to Tax Landlords and Fund Affordable Housing
The city’s landlords charge high rents and gain free money simply by their Berkeley location. The public makes Berkeley property valuable “by investing in the university, parks, transit, and through all their economic, cultural and social activities,” Barton told the City Council at an April 1 meeting.
http://www.contracostatimes.com/breaking-news/ci_25580122/berkeley-initiatives-would-tax-landlords-create-redistricting-panel

Volunteer to help Robin Hood fund affordable housing by calling 510-585-FAH1 

Berkeley Rent Board Invites League of Women Voters
…extending this invitation specifically to the League in response to your letter of November 7, 2013. The letter contains a great number of inaccuracies and misconceptions regarding the current functions of the Rent Stabilization Program, our budget and the appropriateness of the current registration fee.
http://www.berkeleydailyplanet.com/issue/2014-04-18/article/42024?headline=An-Open-Letter-to-the-League-of-Women-Voters-from-Lisa-Stephens-Chair-of-the-Berkeley-Rent-Stabilization-Board–From-Lisa-Stephens-Chair-Berkeley-Rent-Stabilization-Board

Redistricting Referendum Panics Council Majority, City Sues Itself
The city’s lawsuit, filed April 3, names county registrar Tim Dupuis and city clerk Mark Numainville as defendants, along with nine others who are listed as “real parties of interest”: council members Worthington, Arreguín and Anderson, as well as Stefan Elgstrand, Paul Kealoha Blake, Matthew Lewis, Stephanie Miyashiro, Phoebe Sorgen and Alejandro Soto-Vigil.
http://www.berkeleyside.com/2014/04/09/city-of-berkeley-heads-to-court-over-redistricting-lines/

By Posted on Posted in Issues

Berkeley is a college town, and that means May and June bring free furniture to the streets as the student population moves into new digs. On Wednesday April 16, the Berkeley Rent Stabilization Board will offer a special workshop on Security Deposit law at their office on Milvia at Center Street, downtown.

Landlord/Tenant – Rights/Responsibilities on Security Deposit Law Seminar
Wednesday, April 16th, 5:15 p.m. – 6:15 p.m. @ the Rent Stabilization Board Office

Most rules about deposits are state law, so they apply to all renters, even those who are not under the rent control portion of Berkeley’s tenant protection ordinance.

Another good resource for planning to move in or move out is provided by the University of California campus group Renters Legal Assistance:
Getting Your Security Deposit Back

Tenants Together, the statewide renters organization (BTU is a member group) also offers some good information here:
http://tenantstogether.org/article.php?id=571

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ACTION: Statewide Ellis Reform
The Berkeley Rent Board agenda for Monday March 17 contains a report on landlord and tenant bills at the state legislature. BTU is asking the Board to take action to support and broaden the two bills to reform the Ellis Act, a law that allows speculators to buy an apartment building and immediately get rid of all the tenants. We hope the Board will ask Nancy Skinner and Loni Hancock to persuade San Francisco’s Tom Ammiano and Mark Leno to change their bills so they could apply in Berkeley if use of the Ellis act rises dramatically here.

Santa Monica’s Rent Board, and then Santa Monica’s City Council, have taken a similar position, stating that they are hopeful that any Ellis reform will allow all jurisdictions with rent control to be given a chance to opt in.
Santa Monica Rent Board Annual Report: “…entering 2013, there are signs that the economy may be improving—foreclosures are down in California along with unemployment—and there is a sense in the state that our economy may finally be headed in the right direction. Along with that recovery is the likelihood of increased Ellis activity, bringing with it the inevitable loss of accessible, competitive, controlled housing.”

The Berkeley Rent Stabilization Board meets Monday at 7 PM — 2134 Martin Luther King. The report on housing legislation and discussion on Ellis reform are early on their agenda.

Berkeley Rent Board Legislative Report, Item 5 http://www.ci.berkeley.ca.us/Rent_Stabilization_Board/Home/Agenda__RSB_2014_Mar_17.aspx

Also on the Agenda, Banks as Landlords, Item 7(a)8 and Wall Street Securitizing Rents 7(a)11

Ellis Reform from the San Francisco Appeal: “Speculators are buying properties and posing as new landlords, then evicting the tenants within a matter of months to “flip” the building and convert it into a high-cost home or luxury condominiums, the senator said.”
http://sfappeal.com/2014/02/local-landlords-demonstrate-against-announcement-of-legislation-to-close-ellis-act-loopholes/

Ellis Reform from 48 Hills Blog: “The presence of the mayor and the tech industry is just the latest indication of how serious the eviction crisis has become – and how much of a force the tenant movement has become in local politics. When you get a crowd like this for an anti-eviction bill, it’s clear that 2014 is, indeed, the Year of the Tenant in San Francisco.”
http://48hillsonline.org/2014/02/24/everyone-in-town-except-a-few-landlords-is-supporting-lenos-ellis-act-bill/

San Francisco To Raise Ellis Relocation Benefits?
“The Campos legislation will pay tenants 2 years’ worth of the “rent differential” between their current rent and the market rent they will have to pay. For example, if a tenants being evicted is paying $1,500 a month in rent and the current market rent for a similar apartment is $3,000, they will received $72,000 in relocation benefits (the $1,500 difference their current rent and the new rent, times 48)”–  according to Eviction Free SF. Berkeley’s Ellis relocation benefits are currently between $8,700 and $16,200 per household, San Francisco has a $15,632.69 maximum, and Santa Monica and West Hollywood base their benefits on the size of the unit, with relocation payments of up to $17,000 (West Hollywood) and $19,000 (Santa Monica.)

Student Perspectives on Housing
This week was UC Berkeley’s annual Tenants Rights Week, so BTU tabled on campus alongside Renters Legal Assistance and other services. The Daily Californian has their annual housing special issue, with articles discussing gentrification, types of housing in Berkeley, vacancy decontrol and landlord profits, and the role of the Rent Board.
http://www.dailycal.org/section/special/housing-issue-2014/

Tuesday Exchange on Berkeley’s Downtown
There are 1,400 units of rental housing in development for the Downtown area, and none of it will be rent controlled. Unfortunately, this talk will happen while you are at work.
“The Berkeley Historical Society asked LWVBAE to partner with them in an exploration of how development activities may potentially impact the cultural and physical characteristics of the Downtown area. Panelists, including Michael Caplan, Lisa Stephens and Jim Novosel, will open a discussion on this important topic, which will be followed by a question-and-answer period. The talk will be moderated by Steven Finacom and introduced by Sherry Smith.”
Conversation about the Downtown Development Plan
Tuesday, March 18 :: Noon to 1:30 pm
Berkeley History Center, 1931 Center Street
Admission free. Donations welcome. Wheelchair accessible.

Oakland City Council To Review Capital Improvement Rent Increases Tuesday
“A staff recommendation this week calls for the number of years landlords can amortize capital improvement costs to be extended from 5 years to 20 and caps the rent increase at 10 percent. In addition, landlords would be asked to petition the city for rent increases. Currently, the only way for the city to track rent increases triggered by capital improvement projects is only when renters issue a complaint. Most tenants, however, may be unaware of their rights regarding the complaint system, says Oakland tenants’ rights advocate James Vann”.
http://oaklandlocal.com/2014/03/tenants-rights-resolution-heads-to-oakland-city-council-as-talks-continue/

By Posted on Posted in Issues

redistritingbest map2.1Berkeley City Council will continue to discuss redrawing the lines for Council districts. The map chosen by the City Council majority in December was deemed unfair by many student and progressive groups, and the Berkeley Referendum Coalition gathered signatures in the dead of winter to force the City Council to consider other maps. Council also has the option of putting the maps on the ballot. Many progressive say that the costs of putting the issue on the ballot may be high, so Council should work out a compromise acceptable to referendum leaders.

Councilman Jesse Arreguin submits redistricting ballot measures, including compromise map: “If the council does put the BSDC map on the ballot, Arreguin plans to move forward with the measure that, in addition to creating the citizens commissions, will add a counterproposal to the suspended map. The counterproposal, Arreguin said, is a cross between two previously proposed maps: one supported by the Berkeley Neighborhoods Council and one designed specifically to include Northside student residences.” http://www.dailycal.org/2014/03/11/city-councilmember-proposes-ballot-measures-reform-redistricting-process/

Council Items Continued from February 25 – now Item 16
https://www.cityofberkeley.info/Clerk/City_Council/2014/03_Mar/City_Council__03-11-2014_-_Regular_Meeting_Agenda.aspx

More on Redistricting:
https://www.cityofberkeley.info/redistricting/

Berkeleyside: Council majority pushes redistricting decisions to March
http://www.berkeleyside.com/2014/02/26/council-majority-pushes-redistricting-decisions-to-march/

Daily Cal: Berkeley Referendum Coalition celebrates success, plans to meet Sunday
http://www.dailycal.org/2014/02/14/berkeley-referendum-coalition-celebrates-success-plans-meet-sunday/

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Alejandro Soto-Vigil, Igor Tregub, Judy Shelton, and Asa Dodsworth
Alejandro Soto-Vigil, Igor Tregub, Judy Shelton, and Asa Dodsworth

Four tenant leaders are asking for the community’s help to pay some of their mounting legal bills. A case stemming from the 2012 election for Rent Board has continued for over a year.

Shortly after the hotly contest 2012 Rent Board election, the president of the Berkeley Property Owners Association, whose family is often identified as one of the largest landlords in Berkeley, brought a lawsuit against the four candidates chosen at the biannual Berkeley Tenant Convention. According to press reports, Sid Lakireddy sued candidates Igor Tregub, Asa Dodsworth, Judy Shelton and Alejandro Soto-Vigil for libel. The initial motions from the tenant leaders in their defense were rejected by a judge last spring, and the defendants appealed.

About the Lawsuit:

Berkeleyside: “The nephew of a notorious landlord who was sent to prison for transporting minors from India for the purpose of illegal sexual activity has filed a defamation lawsuit against four former Berkeley Rent Stabilization Board candidates. Sid Lakireddy, president of the Berkeley Property Owners Association, said that Igor Tregub, Alejandro Soto-Vigil, Asa Dodsworth and Judy Shelton libeled him when they sent an email to supporters that overtly suggested Lakireddy was involved in the criminal case brought against his uncle, Lakireddy Bali Reddy.” http://www.berkeleyside.com/2013/05/30/sid-lakireddy-sues-berkeley-rent-board-candidates-for-libel/

Daily Californian: “Four Berkeley city officials filed an appeal on May 16 in response to an Alameda County Superior Court decision in a defamation lawsuit brought against them by Sid Lakireddy, nephew of convicted sex trafficker Lakireddy Bali Reddy….The lawsuit stems from an Oct. 18 email sent by Tregub on behalf of all four slate members to their supporters. According to court documents, Tregub’s email referred to Sid Lakireddy as “the same guy whose family was caught in a human trafficking ring and was complicit in murder” and contained a link to an article that mentioned unnamed family members of the Reddy clan as being involved in the crimes.” http://www.dailycal.org/2013/06/02/berkeley-city-officials-file-an-appeal-in-response-to-decision-in-defamation-lawsuit/

About the Fundraiser:

Friday March 14 at 7 PM
900 Murray St. in Berkeley
https://www.facebook.com/events/224026114467546

About the Tenant Convention:

The progressive community has held a gathering to choose a slate for Rent Bord for as long as most folks in Berkeley can remember. Planning for the 2014 convention is underway, and many BTU members report taking an active role. Soon the convention website will be launched so that all organizations and candidates interested in participating can be informed. BTU will post a link on our sidebar when the planning group launches their site.

2012:
http://www.youtube.com/watch?v=xJfuMFmTp0E
http://www.dailycal.org/2012/07/08/four-rent-board-commissioners-chosen-at-the-tenant-convention/

2010:
http://metcouncilonhousing.org/news_and_issues/tenant_newspaper/2010/november/berkeley%E2%80%99s_pro_tenant_rent_board
http://www.berkeleydailyplanet.com/issue/2010-07-27/article/35937?headline=Tenants-Convention-Nominates-Rent-Board-Candidates–By-Steven-Finacom