Tag: business license tax

By Posted on Posted in Actions
Measure U1 Allocations To Be Discussed Tuesday July 11

BTU Needs You to Push for Rental Assistance!
The City Council is beginning to discuss how to spend money from the 2016 landlord tax, Measure U1.

You may have seen emails from our allies asking you to comment on Measure U1 funding for particular affordable housing projects, but we want you to remind the Council that a portion of Measure U1 funding is also designated for homelessness prevention. It was always the intention of the authors of the 2016 ballot measure that some money go to reinstate Berkeley’s rental assistance program and boost the number of low-income renters that can defend themselves against Berkeley’s many bogus eviction attempts.

BTU is calling for you to contact the City Council to ask that renters get their fair share from the new tax on high rents generated by Measure U1 – because rent control is Berkeley’s most effective affordable housing program! With about 20% of Berkeley below the poverty level, keeping folks in their rent controlled units is certainly homelessness prevention! The market rent for a new tenant in an older, rent-controlled two bedroom is already $2,600 and “affordable housing units” in developments like The Avalon (by Aquatic Park) rent for $1,445 for a studio – how is that affordable?

Please Email the Council something like this right away!

TO: council@cityofberkeley.info
CC: clerk@cityofberkeley.info
Re: Items 37a and 37b; Items 38a and 38b (July 11)

Rent control is Berkeley’s most effective affordable housing program. BTU calls for more local anti-displacement funding, especially more funding for eviction defense and rental assistance (the “Housing Retention Program.”) Berkeley Tenants Union believes that the portion of funding raised by Measure U1 that should be designated, per the measure, for “homelessness prevention” should be spent on programs which stabilize the housing of low-income renters and thereby preserve economic and social diversity. BTU does not support a delay in committing this funding during a housing emergency. Please prioritize more help for low-income tenants struggling to stay in Berkeley!

 

 

Also on the Agenda: Soft Story Update Item 43
Soft story means buildings that will kill everyone by collapsing in an earthquake. They were required to retrofit and have been told since 2006 that this would be required. They get really cheap city loans, too! But 24 have not complied and – thanks to pressure from BTU and vocal advocates like Igor Tregub – they are now being fined by the Building Department.
“This report also provides an update on the status of mandatory seismic retrofits required by Berkeley Municipal Code Chapter 19.39 for buildings with a soft, weak or open front (“Soft Story”) condition and five or more dwelling units. Soft Story building owners had a December 31, 2016 deadline to apply for building permits for seismic retrofits. Of the 86 buildings remaining on the Soft Story inventory, 62 buildings containing 617 dwelling units have now applied for or been issued permits. The Building and Safety Division issued warning letters of administrative citation on March 28, 2017 to owners who had not applied for a building permit and the first citations were issued to ten building owners on May 30.”

 IN OTHER NEWS

Tenant Activist Elisa Cooper
Berkeley has lost another important voice for housing. Elisa Cooper, who took on a major role representing Friends of Adeline on the 2016 Tenant Convention Planning Committee, was also a strong advocate for people with disabilities and those who have the very least in our community. She strongly opposed BTU charging dues and her voice will be missed when that issue comes up again this fall.

Rent Board Election: Campaign Finance Complaint
At the July 20th Fair Campaign Practices Commission (FCPC) meeting, the Commission will hear a complaint registered against the Berkeley Rental Housing Coalition for failing to properly record campaign finances. This is not the first time this has occurred. Because of the blatant repeat offences committed by this organization, the Berkeley Tenants Union feels strongly that in order for the Berkeley Election Reform Act to have any teeth, the maximum penalty should be imposed.
Please support BTU’s letter by emailing: FCPC@CityofBerkeley.info
BTU letter for FCPC

Victory on Affordable Housing Fee
“Officials voted Tuesday night, with eight in favor and Councilwoman Lori Droste abstaining, to increase a fee linked to affordable units from $34,000 to $37,000. Council also changed the formula for how the fee is calculated so it’s based on the total project rather than just the market-rate units, as it was previously.”
http://www.berkeleyside.com/2017/06/30/despite-concerns-lack-data-berkeley-council-votes-increase-developer-fee/

Problems Continue at City Council
“The major problem, one which has been the major problem in the approximately forty years since I’ve been watching the Berkeley City Council on and off, is that the only reliable way to get the attention of even the best-intentioned city council is to have as many concerned citizens as possible show up in the flesh to make their case in what’s become one or two minute sound-bytes.”
http://www.berkeleydailyplanet.com/issue/2017-06-16/article/45818?headline=Berkeley-councilmembers-need-to-become-better-listeners–Becky-O-Malley

Solution? Comment Online to Council on Item 25, Berkeley Way Project
“Comments about the plan can be posted online by registered users of Berkeley Considers, with or without their name at www.cityofberkeley.info/considers. However, users are asked confidentially for their name and home address upon registration, to distinguish which statements are from local residents, according to a news release from the city.”
http://www.eastbaytimes.com/2017/07/05/input-sought-on-3-million-berkeley-affordable-housing-project-allocation/

Is Berkeley Way Project Too Big?
“The two-building project, set to take the place of the public parking lot at Berkeley Way and Henry Street, is slated to include 89 affordable apartments in one building and, in the other, 53 studios of permanent supportive housing, 32 shelter beds, 12 transitional units for veterans, and a first-floor services center with a community kitchen. City leaders have long described the $90 million project, a collaboration with the Berkeley Food & Housing Project (BFHP) and Bridge Housing, as “visionary” in scope.”
http://www.berkeleyside.com/2017/06/15/with-council-all-in-on-berkeley-way-homeless-housing-trust-fund-at-zero/

Another Way to Reach the City Council
Our good friends at Berkeley Citizens Action are holding a town hall with (most of) the progressives we elected this fall! The meeting is Sunday July 16 at 3 PM at South Berkeley Senior Center – go tell them we need more funding for rental assistance and access to just cause eviction protections! Arreguin, Worthington and Davila are all renters!
“Confirmed: Mayor Jesse Arreguín. Councilmembers: Kate Harrison, Kriss Worthington, Ben Bartlett, Sophie Hahn, waiting confirmation from councilmember Cheryl Davila.” according to BCA

Housing Fee: Rent Control and the Housing Crisis
“ A very serious problem confronting the City Council is the limits of what a city can do since rent control was abolished by the California legislature in 1995. Unquestionably, decontrol mainly accounts for the incredibly high rents. Even if we accept the US Census underestimated count of the poor in Berkeley, which is over 24,000 –that’s too many individuals and families who can be accommodated by the relatively few available below market rate units. A Berkeley City Council member pointed out that the projects which have already been approved will meet only 3 percent of the goal for low income housing.”
http://www.berkeleydailyplanet.com/issue/2017-06-30/article/45843?headline=The-affordable-housing-crisis-how-Berkeley-should-deal-with-it–Harry-Brill-

Housing Fee: Was It Really a Victory?
“On the same night of San Francisco’s OMI victory, Berkeley retreated to its failed anti-housing past. The Berkeley City Council ignored the pleas of housing experts such as Karen Chapple of the UC Berkeley Urban Displacement Project, environmental groups such as the Greenbelt Alliance along with ample public testimony and voted 8-0-1 to impose new housing development fees based on 2015 rather than 2017 cost data. Why would the City Council raise fees based on a 2015 feasibility study?  Anyone familiar with rising construction costs since 2015 knows that such data is outdated.”
http://www.beyondchron.org/sf-advances-berkeley-retreats/

Berkeley Rent Control History Rewrite
When the landlords took over the Rent Board, they hired this guy!
http://www.eastbaytimes.com/2017/06/27/my-word-alamedas-just-cause-evictions-law-should-be-quashed/

More About Elisa Cooper
“What I will remember most about Elisa was her stating at numerous council meetings how the property transfer tax had been increased by 0.5% in 1990 for the purpose of providing a steady revenue stream for affordable housing – but then the revenue was diverted to the General Fund during the Great Recession – and never restored.”
http://www.berkeleyside.com/2017/07/05/opinion-elisa-cooper-taught-history-affordable-housing-shortage/

Demolition on Tenth Street Remanded
http://berkeleydailyplanet.com/issue/2017-06-23/article/45827?headline=SQUEAKY-WHEEL-The-Form-of-Infill–Toni-Mester

BTU History
The Berkeley Tenants Union was the subject of a recent research paper.
http://www.foundsf.org/index.php?title=Berkeley_Tenants_Union_in_the_1970s

By Posted on Posted in Issues

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

By Posted on Posted in Actions

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 »

By Posted on Posted in Issues
by guest author Rob Wrenn

The City of Berkeley’s March 2016 Community Survey has now been released and it contains good news for advocates for increased funding for affordable housing.

Given a choice of 12 issues, “Building affordable housing” was ranked number 1 by survey respondents with 22%, followed by the related issue of “Addressing  homelessness” with 17% .

37% answered that “providing affordable housing” was “extremely important”, while 41% said it was “very important”.  As far as actions considered extremely important, “providing homeless services” was number 2, with 33%.

Increasing the Business License Tax on Landlords
Four questions were asked about increasing the Business License Tax on landlords of residential buildings, an action supported by BTU, BCA, the Berkeley Progressive Alliance and affordable housing advocates generally. The survey shows strong support for the tax, which need not be written to require more than a 50% vote.

When asked whether they would vote for a measure to increase the tax on landlords with five or more units by an average of $30 a month per rental unit, with revenues going to providing new affordable housing and homelessness prevention efforts, 60% said Yes, and 13% were undecided or didn’t know.

The same question, but applied to landlords of buildings with 10 or more units, received 55% yes; 20% undecided.

When told that the increase in the tax could not be passed on to tenants and would bring in a about $4 million every year, enough to create 300 affordable units over ten years and would also fund emergency rental assistance to help Berkeley families avoid homelessness, the yes vote jumped to 67%

Finally  if the tax were $45 a month per unit and would bring in about $6 million a year, enough to create 450 affordable units,  53% said they would be more likely to vote for it; 23% said less likely.

Housing Bond Measure
61% said they would vote for a $500 million Alameda County bond measure to fund construction, development, acquisition, and preservation of affordable housing affordable to low and middle income individuals and families that would prioritize vulnerable populations and would provide down payment assistance for middle income households. Tax after bonds were issued would be $12 per $100,000 in assessed value. 18% said no and 21 were undecided or replied that they didn’t know. Such a bond would require a two-thirds vote countywide and would have to be strongly supported in Berkeley to pass countywide.

Demographic info:

  • 48% of respondents were home owners; 47% were tenants
  • Only 11% were full-time students; 20% were retired
  • 62% of respondents were white; 10% black; 10% Asian
  • Only 14% were 18-24.
  • 72% were reached on a cell phone.
  • 43% lived in Council districts 5, 6 and 8 where turnout tends to be high in local elections; 30% from the progressive districts 3, 4 and 7 that have large tenant populations.
  • On the whole, students, who are likely to support such a measure, were underrepresented in the sample and white people were slightly overrepresented relative to the population.
  • 34% consider themselves “progressive” “in terms of local politics”, while 34% consider themselves “liberal” and 21% “moderate”; with only 5% for “conservative”.
  • Only 3% were Republicans.

Public Financing
38% said they would support an amendment to the City Charter for public financing of local elections. 32% were opposed; 30%, a sizable number, undecided.

You can find the entire survey here:
http://www.berkeleyside.com/wp-content/uploads/2016/03/Community-Survey-032116.pdf

By Posted on Posted in Issues

Housing For the Rest of Us – Success!
HousingRest-2On Sunday March 6th, about 200 Berkeley voters turned up to hear solutions to the housing emergency. The Berkeley Progressive Alliance discussed their housing platform and upcoming elections for Mayor and City Council. Berkeley Tenants Union discussed the Rent Board elections and the ballot measure to fund affordable housing via a windfall profits tax on larger landlords. Outgoing Councilman Max Anderson and District 3 candidate Ben Bartlett discussed changes and challenges in South Berkeley, and Zoning Commissioner Sophie Hahn – who is also running for City Council – discussed simple steps to bring sustainable, green buildings to Berkeley.

► The Berkeley Progressive Alliance is bringing folks together to support candidates for City Council who share the ideals of economic and racial justice, campaign finance reform, and a green, sustainable city. Read their Affordable Housing Platform here:
http://berkeleyprogressivealliance.org/2016/02/26/affordable-housing-platform/

► BTU co-sponsored the forum and discussed the April 24th Tenant Convention:
http://berkeleytenantsconvention.net/

► BTU’s John Selawsky also discussed the Safe and Affordable Homes ballot measure:
http://www.fundaffordablehousing.org/

HousingRest-1

Max Anderson at the Forum
“Increasingly, wealth and income have become a surrogate for race, providing camouflage for those who want to reshape the city and invite only those who look like them and have the kind of wealth that they have,” contended Anderson, noting the decrease in African American residents from around 25 to approximately 8 percent of the Berkeley population. “What you’re participating in today is an effort to recapture and reassert the rights and realities we face as working people and people of color in this city,” he said, arguing that if people do nothing, “We will become a gated community without gates.”
http://www.contracostatimes.com/breaking-news/ci_29606700/berkeley-progressives-call-affordable-housing-new-leadership

BPA Platform to Fund New Affordable Units
“In order to increase funding, the BPA suggested increasing the Housing Impact Fee — a sum that developers can pay as an alternative to including affordable housing units in their properties — to at least $34,000. Additionally, the plan intends to increase funds for the Housing Trust Fund through taxing short-term rentals, as well as raising the business license tax on influential landlords in Berkeley. “We want the people who have benefited from this incredible increase in property value to help pay for affordable housing,” said BPA member Kate Harrison at the meeting.”
http://www.dailycal.org/2016/03/06/berkeley-progressive-alliance-presents-affordable-housing-platform/