Tag: Berkeley Rent Board

By Posted on Posted in Actions, Issues

Yes on Prop 10
Repeal Costa-Hawkins

Prop 10 is the most important ballot measure renters in California have voted on in decades!

If y’all want to save what is left of Berkeley, or San Francisco, or Oakland or even LA, y’all better get out there and do something for Yes on 10!

Get Involved:
Yes on 10
https://voteyesonprop10.org/

Learn to Talk About Prop 10
http://www.tenantstogether.org/campaigns/repeal-costa-hawkins-rental-housing-act

PROP 10 is about LOCAL CONTROL
https://www.sacbee.com/opinion/election-endorsements/article218278780.html

Comprehensive Research Report from UC Berkeley
https://haasinstitute.berkeley.edu/opening-door-rent-control

The Community Power Slate sponsors a Yes on 10 forum:

SUNDAY OCTOBER 21 – 3 PM
South Berkeley Senior Center
2939 Ellis Street at Ashby

 

Community Power Slate
Elect a Pro-Tenant Rent Board in Berkeley

For over a quarter century, Berkeley progressives have come together to choose a consensus slate for the Rent Board. This spring, the Berkeley Tenant Convention chose local leaders John Selawsky (formerly on the School Board) and Paola Laverde, currently the Rent Board’s Vice Chair and an outspoken advocate for Yes on Prop 10. Also on the Community Power Slate for Berkeley Rent Board are James Chang, UCB junior Soli Alpert, and Maria Poblet, a founder of Causa Justa Oakland.

The landlords are running an opposition slate, so pay attention when voting!
https://www.facebook.com/CommunityPowerSlate/

MORE ELECTION NEWS

Berkeley City Council
BTU endorsed Kate Harrison (District 4: Downtown) and Igor Tregub (District 1: Fourth Street, North Berkeley BART). Igor used to be on the Rent Board and has always been a solid advocate for tenants. Kate is the wisest leader in Berkeley, with a lot of behind the scenes experience in San Francisco’s crazier days. She has done amazing work for affordable housing on the City Council in her very short term.

Both of these leaders are reasonable people with good hearts who look at facts when making decisions.
Send them money!
http://electkateharrison.com/
https://www.igortregub.com/

BTU also endorsed Rigel Robinson, a newcomer whose website mentions nothing about renters in the housing policy statement. He is currently External Affairs Vice President of the ASUC and will fill the district with the most renters, taking the place of longtime tenant leader Kriss Worthington, who has endorsed Robinson.
“Rigel believes we need to build more housing, for all students, right next to campus, right now. As a City Councilmember, he’ll push for zoning requirements that allow for taller, denser buildings around campus — while fighting for more units that are affordable.”
https://rigelrobinson.com/

Finally, BTU endorsed Mary Kay Lacey for District 8. Lacey will fight for renters in the district which has been represented by Lori Droste, who repeatedly voted to eliminate rent controlled units through demolitions and conversions to Air BnB. Lacey became known for her work on the Task Force to Save Alta Bates hospital.

“Protect against displacement by building targeted affordable housing for students, working families and those facing eviction… I am also fully committed to the Pathways Project and a ‘housing first’ solution to our homelessness crisis.”
https://lacey2018.com/issues/

BTU-Endorsed Candidates:
State Assembly: Jovanka Beckles
Rent Board: Soli Alpert, James Chang, Paola Laverde, Maria Poblet, John Selawsky (Community Power Slate)
Council District 1: Igor Tregub
Council District 4: Kate Harrison
Council District 7: Rigel Robisnon
Council District 8: Mary Kay Lacey

BTU-Endorsed Housing Measures:
Prop 10 (Costa-Hawkins Repeal): YES!
Measure O (Affordable Housing Bond): Yes
Measure P (Transfer Tax for Homeless Services): Yes
Measure Q (Rent Board Amendments): No Endorsement
Prop 1 (Affordable Housing Bond): Yes
Prop 2 (Homeless Prevention Bond): Yes
Prop 5 (Property Tax Break): No

Now, The Good News

At their 10th anniversary celebration, the statewide renters group Tenants Together chose to honor Berkeley’s own Julia Cato, who has worked hard with several groups – including BTU – to make sure the voices of seniors and tenants are heard by the folks who represent us.

Tenants Together also has a counselor training coming up. I don’t think anyone does counseling for BTU since I left, so someone really should try to get the program up and running again! Tenants could use a peer advocate to help them navigate the bureaucracies that govern, even if California does get some better laws this election day!

More Worried About Trump than Lakireddy?
Get Involved on the National Level!

The Right to the City Alliance / Homes For All held their second national Renter Power Assembly this summer, with over 100 tenant groups coming together from all over the United States. Start by joining their mailing list to give renters a unified voice on national housing policy!

“If the housing crisis has been slow to register at the level of national politics, it’s not for lack of momentum at the grassroots. There is no major city in the United States today without a multitude of tenants’ rights groups, and “gentrification” has, in the span of a decade, crossed from left-wing academic journals into everyday language. From coast to coast, a loosely organized, intersectional, and bottom-up movement is coalescing around housing justice—the idea that housing is inextricable from a range of other issues like racial justice, poverty, the environment, immigration, and the rights of the formerly incarcerated.”
https://righttothecity.org/

LEARN MORE SUNDAY:
https://www.facebook.com/events/315079089075676/

KEEP UP WITH BTU ON FACEBOOK
https://www.facebook.com/berkeleytenants/

ELECT RENTERS
https://www.facebook.com/CommunityPowerSlate/

SAVE CALIFORNIA 
https://www.facebook.com/yesonprop10/

 

 

By Posted on Posted in Issues

Berkeley Tenant Deaths Unexplained
“But three months, one lawsuit and a procession of experts later, the source of the carbon monoxide remains a mystery. Toxicology professionals say that’s not just bizarre, but a possible danger to public health. With the question of origin unanswered, the city has red-tagged the apartment where they died but allowed tenants to stay in the building’s other three units…. In the Deakin Street unit, according to neighbors and authorities, a detector was located only on the ground floor, but not upstairs where the couple slept.”
http://www.sfchronicle.com/bayarea/article/Berkeley-couple-s-mysterious-deaths-raise-11077092.php

Deaths Preventable, Says Lawsuit
http://www.eastbaytimes.com/2017/04/18/berkeley-landlords-sued-over-deaths-by-carbon-monoxide-poisoning/

 Still Collecting Rent Next Door to Unexplained Deaths
“Experts are calling the case “rare and odd,” noting it’s typically easy to pinpoint the origin of carbon monoxide in a case like this, and they add that the lack of answers is potentially a public health concern. Neighbors agree—though the unit where the Morashes lived has been red-tagged, the other three units in the building have been deemed safe…”
http://www.newser.com/story/241431/deaths-of-couple-and-their-cats-baffle-cops-worry-neighbors.html

KNOW YOUR RIGHTS!
Since 2013 all rental units with gas heat, appliances or garages have been required to have carbon monoxide detectors.
Check your smoke and CO detectors today!
STAY SAFE!

Bedbugs on University Avenue
“Gadson alleged that although Raj Properties promised to exterminate the bedbugs by January, his room was not sprayed by RidX Pest Control until Feb. 17.”
http://www.dailycal.org/2017/04/11/uc-berkeley-extension-alumnus-allegedly-living-bedbug-infested-building-owned-raj-properties/

Raj Properties map, rent, and photo
Room $1000 – Bedbugs Free

State Costa Hawkins Law Changes Delayed by Politics
Former candidate for City Council Sean Barry wrote this anti-rent control article last week. Isn’t it a good thing Kriss Worthington kept his seat? In the article, Barry cites “research” from sources like Michael St. John, who works for Berkeley’s largest property owners! He also seems to think the Rent Board could change what is covered by Berkeley rent control – really, only the voters can do that, and we hope someday they will!
http://www.berkeleyside.com/2017/04/13/opinion-costa-hawkins-repeal-shelved-lets-find-ways-lower-housing-costs/

San Jose Renters on Hunger Strike
“Hernandez and two other renters’ rights advocates decided to go without food until the City Council meeting on Tuesday, when an item will be heard that would implement “just cause” provisions. Currently, landlords can kick a tenant out of their unit without giving any reason.”
http://www.mercurynews.com/2017/04/15/san-jose-renter-advocates-on-hunger-strike-until-vote/

 

 

By Posted on Posted in Issues

Updates

Rent Board
Tonight the Berkeley Rent Board will vote to narrow down the candidates who are applying to fill Commissioner Harr’s seat on the Board. There were over 16 applicants including many BTU members, several folks who serve on other Berkeley Commissions, and former landlord Commissioner Judy Hunt, who was just voted out of office!
To see applications look in the agenda packet:
http://www.cityofberkeley.info/uploadedFiles/Rent_Stabilization_Board/Level_3_-_General/Item%204.a.(2)_Applicant%20submittals%20by%20name.pdf

To comment to the Board, you must appear in person at 7 PM.

Short Term Rentals
Tomorrow we hope the City Council will vote to pass (on second reading) a decent if not ideal law about short term rentals. BTU Steering decided to support this draft because the most important thing for Berkeley renters is that the city ENFORCE the rules about not turning rent controlled units into hotels! To date, the city has never responded to us about complaints BTU has filed regarding large landlords who rent multiple units on Airbnb. With the new City Council, and this new law, we hope to reduce the loss of permanent housing.

Some owners offer each room as a separate STR.

Read it here (Item 1):
http://www.cityofberkeley.info/Clerk/City_Council/2017/02_Feb/City_Council__02-28-2017_-_Regular_Meeting_Agenda.aspx
Support Item One by Emailing:
council@cityofberkeley.info

Save The Date: Better Tenant Protections
As mentioned in our newsletter, the new Mayor Jesse Arreguin is going to move forward on better tenant protections by revising last year’s lame TPO. Council will review the new draft ordinance on March 14.

By Posted on Posted in Issues

The Berkeley Rent Board will select a new Commissioner to fill the seat vacated when BTU’s Katherine Harr chose to resign for personal reasons. The Board’s timeline is very tight, with written applications due next week, but anyone can apply. The eight sitting Commissioners will hold a special meeting later this month, then form a committee to interview top applicants, and finally select a new Commissioner on March 20. That appointee will complete Harr’s term.

The Berkeley Tenants Union encourages members to apply.

Easy to Apply
“I’m really excited to encourage people to get involved,” Harr said. “Especially students — everybody needs to be represented. … You have to be somebody that believes that collective decisions are better than individual decisions. You’ve got to believe … that talking about different perspectives leads to a better conclusion.”
http://www.dailycal.org/2017/02/15/berkeley-rent-board-seeks-new-commissioner-resignation-katherine-harr/

Applications Due February 22nd
“The board is expected to appoint someone at its March 20 meeting to serve for the remainder of Harr’s term. Applicants must be registered Berkeley voters and must submit a letter of 500 words or less detailing their background and why they wish to serve on the board.”
http://www.eastbaytimes.com/2017/02/14/berkeley-rent-board-commissioner-harr-resigns/

How To Apply
“In addition to the 500-word statement about their candidacy, all applications must include the candidate’s full legal name, current living address (post office boxes will not be accepted), telephone and other contact numbers. The applications may be mailed or dropped off at the Rent Board offices at 2125 Milvia St., Berkeley 94704, to the attention of Jen Fabish. Applicants can also email Fabish at jfabish@cityofberkeley.info. All applications are public documents.”
http://www.berkeleyside.com/2017/02/16/berkeley-rent-board-seeks-applicants-vacant-seat/

Rent Board Announcement
filling Bd vacancy (2-6-17)

By Posted on Posted in Issues

re: Item 1, Second Reading of Short Term Rentals Law

Berkeley Tenants Union letter to City Council

February 14, 2017

Berkeley Tenants Union members have spent countless hours waiting to address the City Council in the past several years to deliver our message: in order to protect our rental housing stock, Council should only ease the ban on Short Term Rentals (STRs) a little bit at a time. We have been asking City Council for years to please JUST allow renters and owners to rent THEIR OWN HOMES for the short term, and move on to enforcing the existing ban on other STRs as soon as possible.

We remind you that the ban on renting for less than 14 days was created to make sure there was not an easy way around rent control protections.

We remind you that all permanent housing – even housing that is not rent controlled – contributes to the diversity and affordability of Berkeley.

Some people say they want a compromise; allowing short term rentals for unlimited days when the owner is present WAS a compromise — those rooms could ALSO be used for students and other permanent residents.
 We join the Rent Board in asking Council to please change the language in Section 23C.22.020D  – BTU has always asked that Council not allow rentals for less than 14 days in any whole unit that could be used for people who live and work in Berkeley. Berkeley Tenants need you to preserve all existing housing for residents, and to create new housing. We do not want new accessory dwelling units (ADUs) to be used as vacation rentals – we worked hard to get that into the initial Council referral for the ADU law many years ago – but it did not get put into that final draft. Berkeley Tenants have always asked that Council not allow STRs in any existing in-laws, or even converted garages – if they have a kitchen. It doesn’t matter if someone bought it last week, wants to use it for their nanny, father or second cousin. Berkeley people need that housing!

We are very concerned that Section 23C.22.020D will encourage new owners to evict long term tenants.

BTU members have also been consistent in our other message — simple laws make for better enforcement. Allowing some ADUs to be short term rentals but not others will be confusing for owners as well as adding an additional layer, and thus additional costs, for enforcement.

We did not send people to the Council meeting on January 24th because we thought that the leaders we worked so hard to get elected this fall had heard our pleas. We are not asking members to come out on Tuesday for the same reason – we expect you to preserve housing and create new housing, not establish new hotel rooms.

Please don’t let us down!
 
New York Gives First Fines to Owners
“Cames was described by the city council as a broker who bought a Brooklyn brownstone for $2m in 2015, and then rented five apartments inside it via Airbnb. She was fined $1,000 for each apartment.”
https://www.theguardian.com/technology/2017/feb/12/airbnb-hosts-new-york-fines-government-illegal
Barcelona First City to Fine Airbnb
“Airbnb’s business in the city has almost doubled in two years, rising to 20,000 listings from 11,000 in 2014….Even so, its rapid growth has aggravated city authorities who slapped a 600,000-euro ($644,160) fine on Airbnb in November for advertising what they deemed to be illegal room rentals, becoming the first city to do so.”
https://www.bloomberg.com/news/articles/2017-02-08/barcelona-rejects-airbnb-plan-to-limit-rentals-in-fresh-clash
There But For Fortune
“Clearly, cities with a much longer history of tourism than Charleston have concluded that there is such a thing as too much. In October, Barcelona residents rated tourist numbers as second only to unemployment as the city’s biggest problem. The problem there, which is an increasing problem in Charleston too, is that those tourists are driving up the cost of renting apartments for residents in the city.”
http://www.postandcourier.com/opinion/editorials/take-a-tip-from-barcelona/article_82aebb12-e7ef-11e6-8ca7-b7e9e53783b1.html

By Posted on Posted in Issues
More Evictions in West Berkeley
More Evictions in West Berkeley

On Tuesday, the Berkeley City Council will consider a request from the Rent Board to place a measure on the November 2016 ballot to update the Rent Ordinance. Because that law was passed by the voters, it can only be changed at the ballot box. This will be Item 48 on the June 14th agenda.

Update: This Will Be On The November Ballot

Summary of the Changes
The main request is to revise the amount of assistance tenants receive when they lose their homes to an owner move-in eviction (OMI). Berkeley’s relocation funds have not been updated since 2000. The changes would also expand relocation assistance to all tenants; currently only low-income Berkeley tenants get any recompense at all after such no fault evictions. Berkeley is the only rent controlled jurisdiction in California which restricts help by income. Since rents have gone up over 40% in five years, all tenants need help with moving costs and new security deposits.

The other important change to the Rent Ordinance would be to protect families with children from owner move-in evictions during the school year. An owner could still evict a family, but the family would not have to disrupt their children’s education and could wait until the summer to relocate. San Francisco has had such protections for renter families for many years.

OMI evictions in Berkeley doubled between 2013 and 2014.
When Berkeley voters passed “Measure Y” in November 2000, they also voted to have the Rent Board monitor such evictions. Recently, the Rent Board won an important court victory (see https://www.berkeleytenants.org/?p=1386) which upheld the agency’s ability to reset the rent to the previous tenant’s rent-controlled rent when a landlord evicts a tenant but does not actually move in.

The Rent Board reports on owner move-in evictions every six months. The reports show that most owners who evict buy the building and then evict within two years. The reports also show that most “fake” OMIs happen in larger buildings, and that recent OMIs are concentrated west of Sacramento Street. Yet the Rent Board only tracks evictions which follow the law. If tenants leave simply because they are threatened with an OMI, the Rent Board cannot track the eviction or enforce the law. Tenants who accept a buyout also have new protections passed by the City Council a few months ago, but typically waive their rights under the Rent Ordinance for some cash.
Relocation funds would increase to about $15,000 per household.
BTU hopes increasing the relocation payment a landlord is required to give might cut down on false evictions.

Read Item 48 here: RSO Changes Ballot Measure Final
“The law currently requires landlords who evict for the purpose of moving into the rental unit to pay $4,500 only to tenant households who qualify as low income. Tenants who are evicted for owner move in but do not qualify as low income receive nothing. Berkeley is one of the only major rent control jurisdictions in the state that does not provide relocation assistance to all tenants, regardless of income. Also, the relocation assistance amount set forth in Measure Y has not been adjusted since it was passed almost 16 years ago. The amount of the assistance is nearly four times lower than that required by the cities of San Francisco, Los Angeles, Santa Monica, and West Hollywood – each of which have periodically adjusted relocation payments over the years in response to rising rents, moving costs, and inflation.”

Report on Owner Move In Evictions:
http://www.ci.berkeley.ca.us/uploadedFiles/Rent_Stabilization_Board/Level_3_-_General/Measure%20Y%20report_9-18-15(1).pdf

By Posted on Posted in Actions
DEMO_1106
Scenes like this will no longer be confined to Southside if revisions to the Demolition Ordinance allow destruction of small rental properties to build expensive commuter apartments.

DATE: November 5, 2013
TO: Planning Commissioners
RE: Demolition Ordinance

SUMMARY: Please preserve affordable housing by again recommending the June 4 compromise on the Demolition Ordinance. Please find attached our petition — with 270 signatures.

Respected Planning Commissioners:

The Berkeley Tenants Union is extremely concerned about proposed changes to the demolition ordinance. As you may recall, you already approved changes to this zoning code in the spring. We think it might be a bit confusing that this law is before you once again, so we have tried to provide a comprehensive summary with links to all relevant documents in this correspondence.

In December of 2011, the Berkeley City Council directed staff to draft amended language to Berkeley Municipal Code Chapter 23C.08, the “Demolition and Elimination of Dwelling Units Ordinance.” (Document: Council Direction 12-6-11) In June of 2013, staff presented a draft that met all the requests Council made in 2011, and was approved by the Rent Board and the Planning Commission. The same draft has also been presented one month before, at the 4×4 Committee, and neither Mayor Bates nor Councilman Capitelli voiced any concerns with the draft. On June 4, it looked like Council was going to pass this compromise draft (Document: June 4 draft), until time ran out on the meeting.

Then something changed. The Council began to question the June 4 compromise, and considered a new draft, perhaps hastily prepared, presented at the July 2 Council meeting. (Document: July 2 Draft). The new draft appeared to be based on requests made by developer Equity Residential (Document: ER Letter to Council), who are now Berkeley’s largest landlord. Since Council got letters of objection from many civic groups, including the Sierra Club, Berkeley Architectural Heritage Association, Berkeley Neighborhoods Council, and Berkeley Tenants Union, they sent the Ordinance back to the Planning Commission and the Housing Advisory Commission.

What do these drafts say?

Currently BMC 23C says “controlled rental units” cannot be eliminated unless the owner “cannot make a fair return on investment by maintaining the dwelling unit as a part of the rental housing market” and that those apartments must also be “seriously deteriorated beyond the conditions which might reasonably be expected due to normal use.” It also says that demolished rent controlled units must be replaced with permanently affordable housing. (Document: DemoCURRENT)

Problems with the current law arose because the City Attorney decided that empty units which would otherwise be under rent control are not “controlled rental units” and therefore not subject to the rules above. This means any empty unit can be torn down with no mitigation for the loss of affordable older units which would be under rent control if they were rented. Such a policy encourages owners to leave buildings to rot, promotes evictions and harassment, and may violate not only the Demolition law, but also the voter-approved Neighborhood Preservation Ordinance. (Document: NPO)

To end the controversy about the interpretation of the law, the Rent Board and the City Council called for revisions, but Council also asked that new rules require “units are replaced with an equal or greater number of new units inclusive of the current number of existing affordable units.” (Document: Council Direction 12-6-11) Likewise, the June 4 draft required developers who tear down multiunit buildings built before 1980 (those covered by rent control) replace them with “designated below-market rate units equal in number and comparable in size to the demolished units.”

However, the July and August drafts do not call for one-for-one replacement of affordable rent controlled units with housing for low-income renters. The July 2 and August 30 drafts both require developers pay a fee into the Housing Trust Fund. However, the fee in the July 2 draft is about 10% of what it costs to build an affordable unit, and the fee in the August 30 draft is unspecified and thus could be changed by City Council at any time. (Document: Worse Aug 30 draft)

There are numerous other problems with the July and August drafts. For example, one scheme outlined by developer Equity Residential was included in the July draft. This calls for replacement units in the new building which would be “designated rent increase restricted” – however, the Rent Board (Document: Berkeley Rent Board letter) and East Bay Community Law Center (Document: EBCLC Letter) have both pointed out that this violates the state law called Costa-Hawkins, because that law banned any new rent control in California, even if you call it by another name.

In addition, later drafts contradict the voter-approved Neighborhood Preservation Ordinance and may be challenged in court if they are made law. (Document: NPO)

Several community groups have sent communications on this issue that raise various additional concerns, such as the wisdom of tearing down perfectly fine small buildings at all, and the environmental impact of encouraging growth through demolition. You can find copies of public communications from The Sierra Club, Berkeley NAACP, Berkeley Neighborhoods Council, and Berkeley Architectural Heritage Assn. on our website along with all documents we have linked to in the text above.

The real question here is what kind of community benefits does Berkeley need in exchange for allowing speculators to tear down a useable rent controlled building in order to build a bigger one with market rate apartments? This is not just about what legal mitigations a nexus study might allow. We can actually choose, as Berkeley did in the 1970s, to ban demolition altogether. BTU hopes you might realize that rent control has been Berkeley’s most successful affordable housing program, and that rent controlled units should be preserved, even if they are not rented at this time.

You can choose not to allow demolition – and you should choose this if there is going to be a long wait for a Nexus study.

Please see the attached petition, with 270 signatures. Please note that, following pages with electronic signatures and comments, there are scans of the paper petitions.

Please again recommend the June 4 compromise draft.

Sincerely,
Berkeley Tenants Union Steering Committee, on behalf of the tenants of Berkeley

P.S. All documents mentioned in this correspondence can be found here:
https://www.berkeleytenants.org/?page_id=773