Justice?Berkeley’s Rent Board will discuss support for the state bill SB603 which would provide further protections for tenants and their security deposits. All-too-often, landlords don’t return security deposits or follow state laws, such as the rule that they have to let tenants know they can request a pre-move inspection, or the law that landlords must send copies of receipts. SB603 would allow a chance for tenants who have to take owners to small claims court to get damages. And if landlords risk having to pay the tenant MORE than just their deposit, maybe landlords won’t try to keep it for no good reason.

Tell the Rent Board what you think on Monday, or write them here: rent@ci.berkeley.ca.us
If you write the Rent Board, please say you support BTU and make sure you title your email “For the Commissioners re: May 13 Meeting” so it gets to them.

Tenants Together, the statewide group leading the charge on this issue, just published a report about security deposit theft.

The report contains the following findings from a survey of Tenants Together members from across the state:

  • 60% experienced unfair withholding of some or all of their deposit;
  • 53% did not receive any of their deposit funds within 21 days of vacating the last time they moved;
  • 36% reported that their entire deposit was never returned the last time they moved.

The report also analyses of the outcomes of security deposit cases filed by tenants in small claims courts to recover their deposits. The three-courthouse study, the first of its kind in California, found:

  • Tenants prevailed in over 70% of the cases that went to judgment;
  • In only 3.5% of the security deposit cases filed by tenants was a landlord assessed a penalty by the court.

read more here:
http://www.tenantstogether.org/article.php?id=2707

state bill:
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB603

1930 and 1922–24 Walnut Street (photo: Daniella Thompson, 2009)
1930 and 1922–24 Walnut Street (photo: Daniella Thompson, 2009), courtesy of BAHA

Berkeley’s Zoning Adjustments Board voted unanimously to approve Acheson Commons in December – but their vote included allowing a dangerous new interpretation of Berkeley’s Demolition Ordinance which will certainly lead to future evictions in Berkeley! Please write them NOW!

Thursday May 9 the ZAB is to reconsider allowing deep-pockets developer Sam Zell’s Equity Residential to tear down eight rent-controlled units on Walnut Street, but not replace them with affordable housing at the 205-unit development, which is one of the first under the Downtown Area Plan.

It seems the City has a new view of the Demolition Ordinance which allows destruction of empty rent controlled units without requiring replacement. They say if no one lives there, it isn’t “rent-controlled” – this will lead to evictions! This is also the view city staff were pushing for the revision of the Demo Ordinance, which should be before the City Council later in the summer, so we need to show that Berkeley won’t stand for unmitigated destruction of affordable housing while developers make billions on new bedrooms for dot-com commuters.

PLEASE WRITE TO ZAB RIGHT NOW! TBlount@CityofBerkeley.info

Read more »

Turret

You are invited to the Berkeley Tenants Union May Potluck.

Come break bread with tenants, smart landlords, activists, and everyone who wants to keep rent control strong and working in Berkeley.

When: May 8, 6:30-8:30 pm
Where: Grassroots House, 2022 Blake, Berkeley between Milvia and Shattuck
RSVP: info (at) berkeleytenants.org (Children are welcome. Please include in RSVP. There will be childcare.)

There will be a brief presentation by the Oakland Tenants Union.

Garbage & Fence

BTU is a member of Tenants Together, California’s statewide tenant organization. Our friends there have provided an easy way for you to support SB603 – the great new law about Security Deposits that we keep telling you about. If passed, this law would give California tenants some rights that Berkeley tenants already enjoy – like interest on their security deposits. In addition, Senator Leno’s bill calls for landlords to pay penalties if they improperly withhold a security deposit. SUCH PENALTIES ARE IMPORTANT because many landlords withhold security deposits as a matter of course, because they count on tenants being unwilling or unable to take them to small claims court.

Just last week at the Farmers Market, BTU met a tenant whose landlord was taking improvements like new carpet and cabinets out of a deposit – this a is a real problem in Berkeley and you can help RIGHT NOW by following the link below to send a letter to our state Senator. You can also call her at (510) 286-1333

http://org2.salsalabs.com/o/5247/p/dia/action/public/?action_KEY=13246

Happy Dog

You are invited to the Berkeley Tenants Union April Potluck

Come break bread with tenants, smart landlords, activists, and everyone who wants to keep rent control strong and working in Berkeley.

When: April 10, 6:30-8:30 pm
Where: Grassroots House, 2022 Blake, Berkeley between Milvia and Shattuck
RSVP: info (at) berkeleytenants.org (Children are welcome. Please include in RSVP. There will be childcare.)

There will be a 15-minute orientation for folks who want to table at the Saturday Downtown Farmer’s Market.

Sign & Flier

San Francisco Tenants to Pay for Retrofit of Unsafe Buildings: Don’t Let This Happen in Berkeley!

San Francisco just passed a law requiring unsafe buildings to retrofit — something Berkeley leaders have been “working out” since 2005! However, San Francisco laws currently allow landlords to put 100% of the cost onto the renters! That city says they are working on follow-up rules that would limit the increases on low-income tenants. Here at home, seismic safety is one of BTU’s top priorities, and we don’t want to see tenants pay for something that ought to be a given — living in a building that won’t kill them! Come to our monthly potluck on April 10th to learn how you can help!

http://www.ktvu.com/news/news/local-govt-politics/sf-supes-approve-ordinance-requiring-retrofits-sof/nXBMR/

Cracked foundation

At the public hearing on April 3, Berkeley’s Planning Commission reviewed a new draft of the ordinance that is far less threatening to tenants.

After an extremely brief discussion they decided that if Rent Board staff and planning staff can agree on language, the ordinance can be forwarded to City Council.

If there is disagreement, the Planning Commission will review on May 1.

Three BTU members came to the meeting and many more sent in comments by email.

Cottages

Suggested changes to the demolition ordinance will allow developers to tear down rent controlled buildings. Right now, builders have to replace rent controlled units with affordable housing and let low-income tenants move back in. A draft of the new law would allow empty rent controlled units to be bulldozed without being replaced. This would mean more Ellis Act evictions and a loss of affordable units citywide.

If you can’t come to the hearing on Wednesday at 7 PM at the North Berkeley Senior Center, please send an email to the Planning Commission care of aamoroso@cityofberkeley.info — they have to get this by NOON Wednesday: “Staff will not deliver to Commissioners any additional written (or email) materials received after 12:00 noon on the day of the meeting.”

BTU suggests your email be labeled “Regarding Demo Ordinance” and that it support replacing units that have been under rent control with housing that is permanently affordable to low-income folks, and that you ask for “Measure Y-type protections” if landlords want to combine units in smaller buildings.