Tag: Capitelli

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BPOA spent $1 Million - and lost!
BPOA spent $1 Million – and lost!

Like progressives all over America, Berkeley voters are sad, angry and frightened about the national election results. However, we have a lot to celebrate at home, and can look forward to once again leading these United States in progressive, humane, and innovative solutions, particularly to the problem of ensuring safe and affordable homes for all.

The big landlords who control about 50% of all rental housing in Berkeley spent about a million dollars to defeat the affordable housing tax Measure U1, and promote their deceptive Measure DD. That is well over $15 per voter! Yet Berkeley voters reaffirmed affordable housing as a core Berkeley value with 75% voting for U1 and 71% voting against DD. This tax on large landlords is expected to generate $4 million annually in new revenue for affordable housing and homelessness prevention programs!!

East Palo Alto also passed a similar landlord tax, and it is hoped this will be a model to take back profits being drained out of our communities and use them to build homes.

Additionally, Berkeley supported stronger protections for families being evicted for owners to move in. Measure AA, which passed with an astounding 73% of the vote, was put on the ballot at the request of the Rent Board.

ProRenter candidates also got strong support from Berkeley. Renter Cheryl Davila beat incumbent Darryl Moore in District 2 despite generous spending by the Association of Realtors for Moore. BTU Members Ben Bartlett and Sophie Hahn were also elected to the City Council, and BTU Member Jesse Arreguin was elected as Mayor!

Perhaps the best news of all for tenants is that landlord incumbent Judy Hunt was voted off the Rent Board, with the “CALI Slate” chosen at the 2016 Tenant Convention easily defeating Hunt’s tiny team.

Elsewhere in the Bay Area, California gained its first new rent control in decades, and even in places like Alameda, where the tenant measure was defeated, renters did gain new protections on November 8.

Soon the new City Council will move forward on core BTU issues like Short Term Rentals and mitigations for Demolition of Rent Controlled Units. BTU will work to guide our new leaders, who we hope will be more responsive to what everyday folks need in order to keep Berkeley a place we can all call home.

ProTenant Slate Wins Rent Board, Removes Landlord Incumbent
“The 2016 Berkeley Tenant Convention, hosted by a coalition of Berkeley political groups and attended by nearly 400 Berkeley residents, selected the four CALI Slate members from nine potential candidates.”
http://www.dailycal.org/2016/11/09/cali-slate-sweeps-open-seats-berkeley-rent-board/

Victories for Affordable Housing, Tenants Rights
“Berkeley citizens voted to pass Measure U1 on Tuesday with 74.06 percent…Berkeley voters passed Measure AA on Tuesday with 72.29 percent of the vote as of press time, which will place more regulations on owner move-in evictions.”
http://www.dailycal.org/2016/11/09/city-measures-t1-u1-v1-w1-x1-y1-z1-aa-pass-measures-bb-cc-dd-fail/

Landslide for Landlord Tax
“Berkeley voters approved a landlord tax that will raise millions for affordable housing.
The measure, U1, passed with about 74 percent of the vote. A competing measure, which landlord groups placed on the ballot in an effort to undermine U1, was crushed, with 71 percent voters rejecting it…
Proponents of U1 filed a state Fair Political Practices Commission complaint against the Berkeley Property Owners Association, alleging they broke the law by using anonymous LLCs to finance their opposition campaign and make it appear that a large group of landlords were opposing the measure, when in fact it was just a handful. The FPPC hasn’t ruled on the complaint yet.”
http://www.eastbayexpress.com/SevenDays/archives/2016/11/09/berkeley-landlord-tax-easily-passes

Berkeley Gets Activist Renter as Mayor
“Arreguin said, “I am a renter. I’m like many people in Berkeley, I’m trapped in this housing crisis.”
http://sanfrancisco.cbslocal.com/2016/11/11/berkeleys-first-latino-mayor-elect-is-also-its-youngest-ever/

Progressives Take Three of Four Council Seats
“Sophie Hahn handily won the District 5 council seat being vacated by Capitelli, defeating another candidate with real estate industry backing, Stephen Murphy, 61.9 percent to 38.1 percent. Hahn is a member of the Zoning Adjustments Board. Capitelli endorsed Murphy, his appointee to the Planning Commission and the panel’s current chairman.
Berkeley for several years has been the scene of a major debate over skyrocketing rents and the shortage of affordable housing, with a six-person council majority backing many controversial development-related issues.”
http://www.eastbaytimes.com/2016/11/09/berkeley-voters-elect-arreguin-mayor/ 

Not Everybody Got Rent Control
“Voters in Alameda, Berkeley, Oakland, Mountain View, Palo Alto and Richmond supported some form of rent stabilization or eviction protection legislation while only Burlingame and San Mateo favored a “no” decision.”
http://www.nbcbayarea.com/news/local/Alameda-County-Voters-OK-Rent-Control-Housing-Measures-400516081.html

Details on Rent Control Votes
“Measure L in Richmond, which would enact limits on rent increases and landlord evictions, was victorious with 64 percent of the votes cast. In Oakland, with all 279 precincts reporting, 74 percent of voters supported Measure JJ, which requires landlords to get permission from the rent board before increasing rents above the consumer price index and expands eviction protections. In Mountain View, Measure V, which was placed on the ballot by voters, had a slim victory with 53 percent, while W, the council-backed measure fell short with 49 percent.
In Alameda, ground zero for the battle for rent control, Measure M1, the strict tenant rent control measure sponsored by tenants groups, only garnered 34 percent of the vote, well shy of the necessary simple majority. Instead, 56 percent of voters approved L1, a competing, council-backed initiative that did not cap rent increases. Instead landlords must go to mediation in order to increase rents above 5 percent. And in San Mateo County, Measure R in Burlingame mustered just 31 percent of voters, while Measure Q in San Mateo got 38 percent.”
http://www.eastbaytimes.com/2016/11/03/bay-area-rent-control-measures/

Oakland Gets What Berkeley Has: Details on Renters Upgrade
https://oaklandnorth.net/2016/10/28/oakland-residents-to-vote-on-rent-control-initiative-this-november/

Mountain View Gets Eviction Protections Too
http://www.mv-voice.com/news/2016/11/15/fearing-evictions-city-backs-immediate-tenant-protections

Record Spending and Fair Political Practices Complaint
“The political action committee for the Berkeley Property Owners Association has steered more than $892,540 in donations to defeat Measure U1 and promote Measure DD, two competing measures that would raise the business tax on rental units… Most of the donors to the “Committee for Real Affordable Housing – Yes on Measure DD, No on Measure U1, Sponsored by the Berkeley Property Owners’ Association,” have not made contributions in their own names. They have used the LLC they created to run various apartment complexes. UC Berkeley’s Progressive Student Alliance  filed a complaint about this practice with the Fair Political Practices Commission, which is investigating the situation.”
http://www.berkeleyside.com/2016/11/07/fight-involving-measure-dd-and-measure-u1-is-costliest-in-election/

Student Editorial Contrasts Berkeley Wins with National Loss
“Moreover, Berkeley voters proved largely immune to false and misleading campaigns, easily selecting measure U1 over DD, increasing landlord taxes for Berkeley’s wealthiest landlords while still protecting both tenants and small landlords.”
http://www.dailycal.org/2016/11/15/trump-will-not-halt-berkeleys-fight-justice/

National: Senator Boxer Leads Charge to Make Popular Vote Count
http://www.nbcbayarea.com/news/politics/Senator-Boxer-to-Introduce-Bill-to-Eliminate-Electoral-College–401314945.html

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This is a big election for renters since the housing crisis has morphed into a housing emergency that has seen a record number of Cal students homeless while in school, the rapid displacement of longtime South Berkeley families, and a dramatic increase in both legal but pretextual evictions and general tenant harassment.

BTU shared our ballot measure endorsements meeting with our allies at Berkeley Citizens Action — the full endorsement list for Measures is at the bottom of this post.

screen-shot-2016-10-11-at-4-10-23-pm

Berkeley: More Eviction Protections
So far, Berkeley’s Measure AA has no declared opposition, and is endorsed by the Alameda County Democratic Party, Green Party of Alameda County, Berkeley School Board, East Bay Young Dems, Berkeley Tenants Union and Wellstone Democratic Club.
The measure, put on the ballot by the City Council at the request of the Berkeley Rent Board, delays “no fault” owner-move-in evictions (OMIs) of families with school-age children until end of school year and increases relocation funds. Voters have required landlords in OMIs to provide relocation help of $4,500 to low-income tenants, but not other tenants, since 2000. Measure AA would update this amount to $15,000, and require that it be paid to all tenant households, plus an additional $5,000 for low-income, disabled, age 60 or older, or long-term (since 1998) tenants.
Relocation funds help evicted renters stay in the area, which is good for the community and the environment.

Berkeley v. Big Landlords
Of course, the big news this year is the controversy generated by competing ballot measures based on the failed 2014 volunteer signature drive called Robin Hood. The Daily Planet reported that the Berkeley Property Owners Association has spent over $500,000 – that’s half a million dollars – to stop Measure U1. The Planet says that is the second most money spent in Berkeley history!
The grassroots campaign needs each and every renter in Berkeley to get up to speed and talk to their friends and neighbors – U1 can’t afford to compete with glossy mailers or pay students $15 an hour to hang something on your door! Renters should study up on the differences between U1 and DD and help Berkeley get the most affordable housing!

Who Supports Yes on U1 and No on DD?

The League of Women Voters: Berkeley, Albany, Emeryville
Alameda County Democratic Party, Wellstone, John George
East Bay Housing Organizations, Berkeley Food and Housing Project, BOSS
California Alliance for Retired Americans, ASUC, Berkeley Student Coop, Cal Dems
Sierra Club, Green Party, Greenbelt Alliance
Robert Reich, Chancellor’s Professor of Public Policy
Berkeley Tenants Union, Berkeley Progressive Alliance, Berkeley Citizens Action

 

btu-no-on-u1-e1476232453372

 

Student Leaders Op-Ed – No on Deceptive DD.
http://www.dailycal.org/2016/09/13/conflicting-city-council-measures-seek-confuse-voters/

Alameda County Housing Bond Measure A1
“The Alameda County Board of Supervisors voted to place a $580 million housing bond on the November ballot. This measure is a much needed investment in affordable homes for low-income renters, homeownership, and an Innovation Fund to seek new solutions to our housing crisis. It will require that 20% of the rental housing units be reserved for extremely low-income households at or below 20% Area Median Income, provide homeownership opportunities, and provide support to help keep residents in their homes.”
http://www.berkeleyside.com/2016/07/28/op-ed-confronting-the-causes-and-solutions-of-mass-homelessness/comment-page-1/

More on Measure A1 from East Bay Housing Organizations (EBHO)
http://ebho.org/our-work/alameda-county-housing-bond

More Info
Berkeley AA http://www.BerkeleyMeasureAA.org
Berkeley U1 http://www.fundaffordablehousing.org/
Berkeley DD http://tinyurl.com/dangerousdeception
Alameda A1 http://tinyurl.com/zego9dt

Nice Collection of Many Progressive Endorsements
http://www.berkeleydailyplanet.com/issue/2016-10-07/article/44966?headline=Measures-and-Propositions-Progressive-endorsers–Margot-Smith

Rent Board Endorsements of Ballot Measures
http://www.dailycal.org/2016/09/20/berkeley-rent-stabilization-board-endorses-november-ballot-measures/

BTU / BCA 2016 Endorsements As Voted By Memberships

screen-shot-2016-10-11-at-4-10-58-pm 

 

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IMG_6926

Short Term Rentals

We have one step forward and two steps back:
The good news is that the City Council voted July 7th to demand enforcement of the existing law prohibiting short term rentals if an owner has three or more units offered as vacation rentals in Berkeley. BTU is sending updated info about the owners we complained about last summer – and we would like you to send any information about big landlords breaking the law to the City Council, and to us, too!
The bad news is that the Council majority may be selling tenants out for some tax revenue so they can cut a deal with megacorps like AirBnB. After promises from Bates and Capitelli to continue the ban on short term rentals of units that are not someone’s home, they voted to “have staff consider the possibility of grandfathering in permits for accessory dwelling units currently being rented out on a short-term basis.” In other words, if you own a duplex and are following the law, you are screwed, but people who have been breaking it might be allowed to legalize their small business.

“After debating some of the finer points about what the city’s ordinance should look like — particularly after a preliminary vote in June — officials agreed to have staff do further research before ratifying the overall law. In the meantime, however, officials want to begin immediately to address the issue of owners with multiple units who are flouting the rules. “It’s currently against the law and it will continue to be against the law,” Worthington said. “Therefore there’s no reason to delay.”
http://www.berkeleyside.com/2016/07/11/berkeley-council-votes-to-crack-down-on-short-term-rentals-of-multiple-units-by-same-owner/comment-page-1/

Durant Demolition Granted
(with Unknown Mitigation)

We have mostly a success story on our continuing opposition to the demolition of 18 rent controlled units on Durant. This is because while the BTU/ASUC appeal was going through a ridiculous year-long city process, the Council passed a new version of the demolition ordinance which requires a mitigation fee for the loss of rent control.

However, the Council did not set the fee. State law says you have to show a direct relationship between the level of a mitigation fee and the damage to society that the money is meant to offset. Council first commissioned a “nexus study” on demolition of rent controlled units several years ago, but they say they still don’t have it back. Some activists think they are waiting until after the election to make an unpopular vote.
BTU plans to demand that the fee be as high as the study says it needs to be to provide for one-for-one replacement of rent controlled units with real affordable housing.

2631 Durant In Daily Cal
“We don’t inherently oppose tearing-down and replacing the building,” Lewis said in an email of the project that would add 38 housing units to the city of Berkeley. “However, we do oppose incentivizing landlords to destroy habitable, low-cost housing in order to try to make a profit.”
http://www.dailycal.org/2016/07/13/lawsuit-prolongs-struggle-2631-durant-ave-complex/

Berkeley Demolition Appeal in SF Chronicle
Berkeley’s approval of demolition increases worries over rent – San Francisco Chronicle

Lawsuit on Durant Demolition
Developer Orloff claims there is an inherent “right to develop.”
“…plaintiffs fault Berkeley for “its enactment of legislation that illegally and unconstitutionally requires property owners to transfer massive sums of money to the City and tenants in order to exercise an essential right of property ownership: the right to develop property.” They seek, among other relief, a declaration from the court that the ordinance violates the Fifth Amendment of the Constitution and its Due Process Clause, and is therefore invalid….The city, in its motion to dismiss, argues that there is a definite nexus between mitigation fees and the public purpose of mitigating the loss of affordable housing…”
http://www.eastbaytimes.com/breaking-news/ci_30145194/berkeley-landlord-sues-city-over-demolition-fees

In Other News

2017 Berkeley Budget Cuts Homeless Services
The City took money from long-established programs to pay for a new “hub” for homeless intake.
http://www.dailycal.org/2016/07/04/several-berkeley-nonprofit-homeless-services-partially-defunded-by-2017-city-budget/

Evictions from Unpermitted Units in SF
“Though S.F. has proven to be an inhospitable place for renters the last several years, the circumstances surrounding this eviction are particularly startling. It seems that Malliett’s new landlords—Mathieu Verbeeck, a VP of product development at Mubi, and Catherine Crevels, a marketing manager at Intuit—are testing out a novel strategy for ejecting tenants. They contend that Malliett and her daughter are causing a “nuisance” by living in a unit that lacks the proper permits. The Board of Supervisors has…”
http://www.modernluxury.com/san-francisco/story/tech-workers-evict-kindergarten-teacher-mission-apartment-using-appliances

Where Do Renters Evicted from SF Move?
http://antievictionmappingproject.net/relocation.html

San Jose Needs a Demolition Mitigation
https://www.theguardian.com/technology/2016/jul/07/silicon-valley-largest-eviction-rent-controlled-tenants-income-inequality

First Time Buyers Screwed Too
“The only cities that fared worse than Oakland and Berkeley were Miami Beach, Florida (299) and Newark, New Jersey (300).”
http://sanfrancisco.cbslocal.com/2016/07/18/oakland-berkeley-ranked-worst-u-s-cities-for-first-time-home-buyers/

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Short Term Rentals held over by Berkeley City Council until Thursday July 7. BTU will post an update in a couple of days regarding the Mayor’s last-minute introduction of a proposed contract with Airbnb.

Durant Demolition approved under new demolition law which calls for mitigation of the loss of rent controlled housing through a fee to fund new low-income housing – however, the fee has not been set yet! Also, that developer has filed a lawsuit against the new version of the law.

Two Competing Landlord Taxes on Berkeley Ballot
“Depending on the business license tax rate increase, the CSAH measure would fund 40 to 70 units annually, while BRHC’s would pay for just 12, Barton added. The measures also differ on exemptions. The apartment owners’ measure raises taxes on every rental housing unit currently taxed.

Gulbransen says the lack of exemptions makes their measure more equitable. The CSAH measure exempts tax increases on low-rent units housing tenants living under rent control since 1998, units rented under federally subsidized programs and permanently affordable inclusionary units in newer buildings.”
http://www.mercurynews.com/breaking-news/ci_29928806/berkeley-voters-could-face-dueling-robin-hood-tax

“But in California, the profits from ever-increasing land values aren’t shared for the public good. They’re collected by landlords in the form of higher rents…. But a broad-based coalition of Berkeley renters, affordable-housing activists, political leaders, and even some landlords are trying to revive the idea of a land tax. And they want to dedicate the millions it could raise to affordable housing.”
http://www.eastbayexpress.com/oakland/berkeley-city-council-approves-ballot-measure-to-tax-landlords-and-create-affordable-housing-fund/Content?oid=4818958

“The additional tax would raise an additional $5 million a year from landlords over the current $3.5 million, for a total of $8.5 million a year, according to estimates by the Committee for Safe and Affordable Housing, which supports the measure. Apartments rented to Section 8 tenants, apartments with tenants in occupancy since before 1999, and certain other properties, would be exempt from the tax increase; there also would be a hardship exemption. The measure would prohibit passing the business tax increase along to most tenants. Proceeds of the tax increase would facilitate 45 affordable housing units per year.”
http://www.eastbaytimes.com/breaking-news/ci_29974957/berkeley-council-oks-funding-measures-november-ballot

Rent Board Candidate Igor Tregub
Igor is also a member of the BTU Steering Committee.
http://www.dailycal.org/2016/05/26/igor-tregub-files-run-rent-stabilization-board/

UCB Report: Market Rate Housing Doesn’t Prevent Gentrification
http://www.eastbayexpress.com/SevenDays/archives/2016/05/27/uc-berkeley-report-lao-wrong-about-market-rate-housing-panacea
see also
https://news.berkeley.edu/2016/05/23/researchers-stress-role-of-subsidized-housing-in-easing-affordability-crisis/

Council Talks About Housing Plan
 “Proposals approved for implementation or further study ran the gamut from financial incentives and taxes, to rezoning, red tape-cutting, beefing up the city’s Affordable Housing Trust Fund and protections against eviction. Many will be the subject of a larger council discussion on housing tentatively scheduled for early fall.”
http://www.eastbaytimes.com/breaking-news/ci_29919572/berkeley-backs-package-steps-address-housing

Jesse Arreguin Discusses Housing Policy
http://www.dailycal.org/2016/05/31/berkeley-city-must-take-comprehensive-approach-to-housing-crisis/

UC Students Have Trouble Accessing Rights
http://www.dailycal.org/2016/06/20/housing-struggles/

San Francisco Tenant Takes On Costa Hawkins in the Media
http://mediaoneservices.com/mary-catherine-wiederhold-and-neil-hutchinson-62816/

Affordable Housing Bond on Alameda County Ballot
http://www.ebho.org/2012-02-07-00-50-21/regional-policy-a-land-use/alameda-county-housing-bond

Concord Wants Rent Control!
“The full City Council is scheduled to discuss the rental situation in Concord and the policy options available to the council on July 26.”
http://www.eastbaytimes.com/concord/ci_30066419/rent-control-hot-topic-concord

By Posted on Posted in Issues

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

By Posted on Posted in Issues

BALLOT MEASURE CONTROVERSY

A draft of the ballot measure BTU supports will be reviewed by City Council on May 31.

The Berkeley landlords submitted their ballot measure petition to the City Clerk today. Now the Clerk will check a sample number of the signers – it could be some time before we hear if the petition was validated. They submitted 3,326 signatures; because it is a tax measure it requires 1,932 valid signatures.

BTU’s Selawsky Sounds Warning
http://www.berkeleydailyplanet.com/issue/2016-05-13/article/44490?headline=Deceptive-housing-petition-now-circulating–John-T.-Selawsky-jwebsky-earthlink.net

Committee for Safe and Affordable Homes:
www.fundaffordablehousing.org

The Landlords’ Petition:
http://www.thebrhc.org/ballot-measure.html

BACKGROUND ON BRHC and BPOA

The Berkeley Rental Housing Coalition was formed last summer by leaders of the Berkeley Property Owners Association as a 501(c)6 for lobbying, lawsuits, and other political activities. According to their website, they elect their Board of Directors by allowing each landlord one vote per unit, so the largest property owners control the group.

Daily Cal: http://www.dailycal.org/2015/06/25/berkeley-landlord-coalition-raises-money-to-seek-greater-political-influence/
Daily Planet: http://www.berkeleydailyplanet.com/issue/2015-06-12/article/43384?headline=Berkeley-Landlords-Form-Political-Action-Committee-to-Raise-Half-Million-per-Year–
Daily Cal: http://www.dailycal.org/2015/07/08/berkeley-mayor-tom-bates-criticized-for-encouraging-landlords-to-form-pac/
Mayor Bates Urges Landlords to Form PAC: https://youtu.be/vzvHaSP3LJ4 (see 24 minutes in)

RENT BOARD ELECTION

267 voters at the 2016 Tenant Convention (photo Christine Schwartz)
267 voters at the 2016 Tenant Convention (photo Christine Schwartz)

Daily Cal article focusing on Christina Murphy and Leah Simon-Weisberg

Leah Simon-Weisberg (photo C. Schwartz)
Leah Simon-Weisberg (photo C. Schwartz)

Tenant leader and current Rent Board Commissioner Judy Shelton is quoted in the article as saying, ““These are progressive people who are all very passionate about supporting

Christina Murphy (photo C. Schwartz)
Christina Murphy (photo C. Schwartz)

tenants,” said Shelton, whose term is ending this election season. “They’re supporting each other, and we in the progressive community support them too.”
http://www.dailycal.org/2016/05/13/christina-murphy-leah-simon-weisberg-run-rent-stabilization-board/

Daily Cal on the Tenant Convention
“In 2012, a similar pro-landlord slate — Tenants United for Fairness — ran one candidate in order to combat allegations of a pro-tenant bias within the rent board. The following year, the slate allegedly did not submit campaign finance statements from prohibited organizations — including Premium Properties — to the city. Tenants United for Fairness agreed to pay a $4,000 fine to the city and has not run a candidate since Judy Hunt was elected in 2012.”
http://www.dailycal.org/2016/04/24/pro-tenant-convention-elects-slate-candidates-november-election-sunday/

Leah Simon-Weisberg Launches Website for Rent Board Election
http://www.leahsimon-weisberg.com/

BTU ENDORSEMENTS

While the Tenant Convention had 267 voters, BTU’s endorsements meeting for Council and Mayor had a lower, but still impressive, turnout of 109 voters. Although Kriss Worthington announced he was also running for mayor, organizers of the event from BTU and our progressive allies would not change the rules at the start of the meeting, so only one candidate can use our endorsement in each race, although voters in the November election can rank their choices.

Mayor: BTU Member Jesse Arreguin

District 2: Nanci Armstrong-Temple

District 3: Ben Bartlett

District 5: Sophie Hahn

District 6: BTU Member Fred Dodsworth

BTU / BPA / BCA Endorsements Meeting in East Bay Times
“Building affordable housing, blunting gentrification and finding compassionate solutions to homelessness were central issues addressed April 30 by mayoral and council candidates seeking joint endorsement by the left-leaning Berkeley Progressive Alliance, Berkeley Citizen’s Action and Berkeley Tenants Union.”
http://www.eastbaytimes.com/breaking-news/ci_29845596/berkeley-progressive-groups-back-arreguin-mayor

BTU / BPA / BCA Endorsements Meeting in Daily Cal
“Registered members of any of the three groups who had paid their dues were eligible to cast a ballot. Approximately 100 ballots were cast for each position. Voters were allowed to either cast a ballot for any of the candidates who spoke at the meeting or write in candidates….Worthington, who was seeking mayoral endorsement but has not yet registered for candidacy, asked for the groups to endorse two candidates for each position. Worthington said he is running for mayor in a formal political partnership with Arreguin.”
http://www.dailycal.org/2016/05/02/progressive-voters-meet-endorse-mayoral-city-council-candidates/

Berkeley Progressive Alliance Op-Ed
“These organizations are part of a network of progressive Berkeley citizens working to curb the influence of special interests and make local government accountable to the residents of Berkeley. They include a campaign in to increase funding for affordable housing in Berkeley.”
http://www.berkeleydailyplanet.com/issue/2016-04-22/article/44418?headline=It-s-Time-to-Make-Berkeley-Truly-Progressive–From-Margot-Smith-for-BPA

Jesse Arreguin For Mayor Op-Ed on Housing
http://www.berkeleydailyplanet.com/issue/2016-04-15/article/44389?headline=Housing-Costs-Major-Topic-for-Berkeleyans–Councilmember-Jesse-Arreguin

Nanci Armstrong-Temple, District 2: South and West Berkeley
http://www.dailycal.org/2016/05/11/berkeley-resident-files-to-run-for-district-2-city-council-election/

Ben Bartlett, District 3: South Berkeley
http://benbartlett.vote/

Sophie Hahn, District 5: North Berkeley
http://www.berkeleydailyplanet.com/issue/2016-01-29/article/44128?headline=Sophie-Hahn-Announces-Run-for-Berkeley-City-Council-District-5–From-the-Sophie-Hahn-Campaign-Committee

Fred Dodsworth, District 6: Berkeley Hills
http://www.dailycal.org/2016/03/09/berkeley-resident-fred-dodsworth-files-to-run-for-district-6-council-seat/

By Posted on Posted in Issues
Landlords Are Circulating This Petition
Landlords Are Circulating This Petition

Remember Robin Hood? Berkeley tenants tried to put a measure on the 2014 ballot to tax the rich and build homes for the poor. It didn’t work out. But in 2016, Berkeley progressives of various stripes all joined together in a coalition to fight the housing emergency with good public policy. We expect the City Council to place a balanced measure on the ballot which will fund affordable housing by increasing fees to Berkeley’s largest landlords.

The Committee for Safe and Affordable Housing is led by Berkeley’s two leading candidates for mayor. That’s right, Councilmembers Jesse Arreguin and Laurie Capitelli agree – to get more money for affordable housing we need to tax the real estate investors whose rent increases create the need for more affordable housing. We need the money to help non-profit organizations, land trusts and limited-equity cooperatives to build or buy housing and keep it affordable for everyone from teachers and childcare workers to cooks and secretaries. And our measure won’t pass on these increased fees to renters.

Great News, right? Until…

The Berkeley Property Owners Association saw a way to stop this new ballot measure by creating a competing measure. It is well known that two measures on a ballot usually mean both measures fail.

The landlords have already succeeded in confusing the voters – so members have been asking us for more information on The Petition You Should Not Sign. Here it is:

► This landlord trick is the only “affordable housing” petition being circulated. Our measure will be placed on the ballot by the City Council if we can keep the pressure on our leaders. Do not sign any “affordable housing” petitions.

► The City Council measure supported by BTU will raise about $5 million annually. The BPOA measure will raise about $1 million annually, saving Berkeley’s larger landlords $4 million a year.

► The Safe and Affordable Homes City Council measure will finance construction or acquisition & rehabilitation of one project with 40 to 50 affordable homes every year. The BPOA measure on the petition will only raise enough money to do one project every five years.

► The BPOA measure can be passed through to over 1,200 Berkeley tenants who are not protected by rent control. The Council/BTU measure uses carefully targeted exemptions to protect almost all renters from an increase.

► The BPOA measure on the petition being circulated is unfair because

  • It taxes income from “inclusionary” units where the rent is restricted and the unit is rented to lower income tenants.
  • It taxes smaller, moderate-income landlords instead of focusing on larger professional real estate investors like the owners who control BPOA.
  • It taxes income from apartments rented to tenants receiving assistance from the Section 8 and Shelter + Care programs, while the Safe and Affordable Homes measure exempts these owners to encourage renting to Section 8.

Have Your Signature Invalidated – use the form below. You can fax, scan and send as an email attachment, or drop it off in person to the Berkeley Clerk at 2180 Milvia Street. They must be able to see your signature, so you can’t just email (unless it’s a scan, in which case send to clerk @ city of berkeley dot info).
REQUEST FOR WITHDRAWAL OF SIGNATURE

Help Spread The Word with Our Fliers:
BTU-Do-Not-Sign
BTU flier 2-up NEW

By Posted on Posted in Actions

City Council continues discussion on #1 (Airbnb) on June 9.

 AirBnB in BerkeleyAirBnB in Berkeley

1) CHANGE Council Item 21: Short-Term Rental Regulations:
This Tuesday, Berkeley City Council will outline their directive for legalizing short-term rentals in Berkeley. Right now, rentals of less than 14 days are prohibited, but over 1,000 such illegal rentals are listed online.

Mayor Bates, who co-sponsored the item with new Councilperson Droste, assured Rent Board Commissioners at Thursday’s 4×4 Committee that his proposal will protect rent controlled units by continuing the ban on short-term rentals in unoccupied housing. The Mayor seemed surprised when Rent Board folks told him that about 400 rent controlled units were currently used only for vacation rentals, and that several large landlords are renting multiple units on Airbnb.

However, the Mayor and Councilman Capitelli were noncommittal when the Commissioners asked to be included in the Council referral and pointed out that proposals such as requiring the owner’s permission before a tenant rents their unit on Airbnb may conflict with state and local laws.

Councilman Arreguin and Rent Board Commissioners also raised the importance of enforcing the existing law and considering enforcement when creating the new law.

BTU is still formatting our position on the issue, which must have at least one public hearing at the Planning Commission before it becomes law, but we stand with the Rent Board in believing that short-term rentals are taking away needed housing.

We call for continuation of the ban on renting whole, empty apartments only for short stays. We need those homes for Berkeley students, Berkeley families, and Berkeley workers! We call for the elected Rent Board to be included in the process of making the new laws, and we call for enforcement of the existing laws when large landlords rent multiple units only for short term guests.

2) SUPPORT Council Item 19, State Short-Term Rentals Regulation:
The Council will also vote regarding support for a state bill which would compel hosting platforms like Home Away and Airbnb to share information with local governments. California Senate Bill 593, by McGuire and Leno, is essential to regulating vacation rentals.

3) SUPPORT Council Item 25: Amend the Housing Element
Councilmember Arreguin has introduced changes to the Housing Element that BTU members and friends called for at the Planning Commission in February, but City Council left out of the draft they approved. The proposal returns essential language about Berkeley values that was taken out of the Housing Element, such as, “Ensure rent control and/or other tenant protections for all tenants, including vulnerable populations,” and “All Berkeley residents should have access to decent housing at a range of prices and rents in pleasant neighborhoods that meet standards of quality.”
Most importantly, Arreguin’s amendments put back the priority that we should protect rent controlled housing from demolition and enforce those laws!

4) CHANGE Council Item 35, Community Benefits from Tall Buildings
Downtown developers must contribute more toward affordable housing.

TO LEARN MORE:

City Council Agenda
http://www.ci.berkeley.ca.us/Clerk/City_Council/2015/05_May/City_Council__05-26-2015_-_Regular_Meeting_Agenda.aspx

Rent Board on Short Term Rentals, Item 21:
“A summary of our major Rent Board concerns are as follows:
1) Loss of Housing: We hope that any Council policy recommendations to the Housing Advisory Commission and Planning Commission will focus on ensuring that whole units with kitchens that are not occupied by the host most of the year will remain available for permanent residents. Owners of multiple rental units in Berkeley should not be allowed to go into the hotel business.
2) Enforcement: Regulations must provide a workable enforcement mechanism with adequate funding and staffing. Penalties and remedies should be clear.
3) Tenants Rights: Berkeley’s new regulations must preserve rights tenants currently hold, such as the right to quiet enjoyment of their home as well as the right to sublet if they already hold that privilege. Council should include the Rent Board for input in their referral.”
Letter from the Rent Board regarding Short-Term Rentals

Text of the SB593 for Item 19: https://legiscan.com/CA/text/SB593/2015

Also on Item 19, SB 593: “This legislation is simple…It makes online vacation rental businesses follow local laws just like the rest of us.”  With concerns “about loud parties, traffic and other problems,” on the rise, this move could not come at a better time….If passed, Senate Bill 593 will help ensure short-term online rental companies follow some simple rules and regulations to preserve our neighborhoods, ensure consumer safety, and protect the well-being of longtime residents in communities across California.”
http://www.overnightoversight.com/ca-legislation-addresses-short-term-online-rental-concerns/

On Item 25, the Housing Element: https://www.berkeleytenants.org/?p=1195

On Item 35, Community Benefits from Downtown Buildings:
http://berkeleydailyplanet.com/issue/2015-05-22/article/43322?headline=Significant-Community-Benefits-an-open-letter-to-the-Berkeley-City-Council

In Other News

Thanks to BTU Members Who Sent in Most of These Stories

Windfall Profits Tax On High Rents (Fund Affordable Housing)
“The only way off the treadmill is to build or buy housing that will be owned by non-profit organizations, land trusts and limited-equity cooperatives. And that takes money, a lot of money. So let’s tax the rising rents that increase the need for affordable housing in the first place.”
http://www.berkeleydailyplanet.com/issue/2015-05-22/article/43326?headline=Fund-Affordable-Housing-with-Windfall-Profits-Tax-on-Rising-Rents-News-Analysis—Stephen-Barton

Berkeley Development: Call for Moratorium on Luxury Construction
“…while the City is fully caught up and already ahead on its higher income units, we haven’t even made our quota for moderate or lower income units for 2006 yet. This makes the big push to build block after block of high rent homes and apartments unfathomable.”
http://www.berkeleydailyplanet.com/issue/2015-05-15/article/43314?headline=Berkeley-Needs-a-Moratorium-on-High-Rent-Units–Rhiannon 

California: Rents Go Up Fast, Income Goes Up Slow
“Since the end of 2010, rental prices have surged at nearly twice the pace of average hourly wages, according to data from the real estate firm Zillow and the Labor Department.
More than 30 percent of renters in California, Florida, New Jersey and New York state devote at least half their incomes to housing and utilities, according to the analysis.”
http://m.sfexaminer.com/sanfrancisco/1-in-4-us-renters-must-use-half-their-pay-for-housing-costs/Content?oid=2928601

California: Wall Street Invests in Single-Family Home Rentals
“California tenants renting single-family homes from the three biggest Wall Street landlords in the state, Blackstone/Invitation Homes, Waypoint Homes, and Colony American Homes, pay higher rents than their neighbors and face challenges getting repairs,” according to a new research report by Tenants Together.
http://org2.salsalabs.com/o/5247/p/salsa/web/common/public/signup?signup_page_KEY=9191

SF: Mission Renters in NY Times
“When a family in a rent-controlled apartment leaves or is forced out, the rent is jacked up to market rate, apartments become condominiums or are advertised by the landlord on Airbnb as a good place for short-term visits.”
http://mobile.nytimes.com/2015/05/23/us/high-rents-elbow-latinos-from-san-franciscos-mission-district.html

City of Alameda Considers Eviction Protections
“Advocates for local renters, who make up about half the Island’s population, have pressed for rent control and other protections. But at least three members of the council have questioned whether rent control would be an effective solution to renters’ woes, or whether the city should get involved in rents issues at all.”
http://thealamedan.org/news/rents-blog-just-cause-eviction

San Jose Renters Hold Rally
http://kron4.com/2015/05/13/activists-hold-rally-in-support-of-san-jose-renter-protections/

Lafayette Considers Rent Control or Rent Freeze May 26
“…City Council acknowledged that high rents are a problem all over the Bay Area, but also expressed sympathy for the renters, saying that 90% increases were “crazy” and “beyond the pale.”   In the end, the Council asked for more information from small towns similar to Lafayette that have adopted rent control or stabilization policies (such as Los Gatos).  It also asked the City Attorney to investigate whether the City could impose a temporary moratorium on rent increases.”
http://lovelafayette.org/Home/Components/News/News/966/18?backlist=%2Fhome

By Posted on Posted in Actions

Pages-from-2013-12-03-Item-29-City-Council-RedistrictingWITH-MAPSCalling all tenants! Save fair elections and stop gerrymandering in Berkeley!

Come out on Saturday at 10:30 AM for the kickoff of the redistricting referendum. Folks who care about giving all voters a voice in Berkeley should come pick up petitions tomorrow – we have 30 days to gather 5,275 signatures!

The Council majority have approved a redistricting plan under the guise of creating a student district – but the district would only include students on the south side of campus, and cut the student co-ops from District 7, placing these progressive voters in the homeowner-dominated District 6. It seems that the vote may have been timed such that signatures must be collected while students, and practically everyone else in Berkeley, are traveling or in bed with the flu.

Tenants must show strong tenant support for the Berkeley Referendum Coalition, which includes the only two tenant Council members – the only Council folks who work closely with BTU to represent your concerns!

Worthington’s re-election may be at stake.

WHEN: Saturday, December 21, 2013, 10:30 AM
WHAT: Kick-Off and Press Conference: Berkeley Redistricting Referendum
WHO: Council members Jesse Arreguin and Kriss Worthington; neighborhood leaders, progressive activists and students
WHERE: Outside Mudrakers Cafe, 2801 Telegraph Avenue, Berkeley 

Berkeley Referendum Coalition press release:

FOR IMMEDIATE RELEASE
December 19, 2013

CONTACTS:
Jesse Arreguin: 510-717-2910
Alejandro Soto-Vigil : 510-610-0466
Lisa Stephens: 510-575-2068
Kriss Worthington: 510-548-879
Matthew Lewis: 310-869-8250 

A diverse coalition of Berkeley residents including neighborhood leaders, progressives and students will kick off a month-long signature drive this Saturday to stop the City Council’s controversial redistricting ordinance from going forward.

On Tuesday, December 17th, a divided Berkeley City Council on a 6-3 vote adopted a redistricting plan that will shape the composition of the Council for the next ten years.

Just like we have seen in Texas and throughout the country in which redistricting has been used for partisan political purposes, Berkeley’s City Council has adopted a controversial plan that not only divides neighborhoods but also gerrymanders out students and progressive voters who live north of the UC Berkeley campus. The Council rejected an alternative plan that (the United Student District Amendment) united students and kept neighborhoods together.

The Council could have chosen the plan that was more fair and inclusive, but instead adopted a partisan plan explicitly designed to minimize progressive voices on the Council. The Council also ignored other redistricting plans that were more balanced including the plan submitted by the Berkeley Neighborhoods Council.

Redistricting has been before the Council for the last three years. In early 2012 the Council voted to delay redistricting for one year, which disenfranchised over 4,000 people, keeping them from voting for the City Councilmember who would ultimately represent them. In November 2012 Berkeley voters approved changes to the Charter around redistricting which gave Council total flexibility to draw new boundaries. Prior to Measure R, the Council could only make minor adjustments to pre-existing boundaries that were adopted by voters in 1986. Unfortunately the Council has abused this new power, creating an unfair map.

Proponents of the redistricting referendum have 30 days to gather 5,275 signatures to stop the ordinance from going into effect. If we are successful the Council will have to reconsider the ordinance or put it on the ballot. The Berkeley Referendum Coalition is working over this holiday season to gather signatures so that the City Council can reconsider its decision and do the right thing – come up with a fair and inclusive plan that unites neighborhoods, students and the entire community.

Fun fact: In 1812, the word “gerrymandering” was created in response to Massachusetts governor Elbridge Gerry’s redrawing of state senate districts to favor the Democratic-Republican Party.

Berkeleyside: Berkeley Redistricting Map Splits Council, Community
“Some officials and community members testified that the council should reconsider its previous vote and, instead, approve Elgstrand’s USDA map. Supporters of this map said it does a better job protecting the progressive voice and keeping neighborhood groups like Halcyon and Le Conte together. Some questioned the legitimacy of the public process surrounding the BSDC map.”
http://www.berkeleyside.com/2013/12/18/berkeley-redistricting-map-splits-council-community/

KTVU:
“Worthington, who represents District 7, said Wednesday that he, Arreguin and Anderson favored an alternative plan called the United Student District Amendment (USDA) that proposed that college-age students comprise 90 percent of the district.”
http://www.ktvu.com/news/news/local-govt-politics/berkeley-redistricting-plan-approved/ncB9y/

Daily Planet:
“The BSD plan district covers mainly the south side of campus, dominated by residential fraternities and sororities, and excludes the more progressive co-op residences located north of campus.”
http://www.berkeleydailyplanet.com/issue/2013-11-22/article/41664?headline=Berkeley-City-Council-Adopts-Greek-Dominated-Redistricting-Proposal–

Daily Californian:
“The United Student District Amendment, proposed this summer as an improvement to the BSDC plan, includes Northside student cooperatives, as well as the dorms on the northeast side of campus and International House. Both sides want a student district — some hope that new boundaries could put a student on the City Council — but proponents of the USDA plan have called the BSDC map unnecessarily exclusive.”
http://www.dailycal.org/2013/12/18/city-council-passes-redistricting-plan-referendum-may-follow/

City Council December 17, 2013 Item 2, Redistricting:
Ayes: Capitelli, Maio, Moore, Wengraf, Wozniak and Bates.
http://www.ci.berkeley.ca.us/Clerk/City_Council/2013/12Dec/Documents/2013-12-17_Item_02_Ordinance_7320.aspx

City Council December 3 Alternate Proposal Page 30:
2013-12-03 Item 29 City Council RedistrictingWITH MAPS

By Posted on Posted in Issues

Berkeley has been expediting building permits and cutting fees for developers, saying our town desperately needs housing. One policy that some see as quite promising would make it easier to add a legal in-law unit on an existing property. But when it comes to low-cost housing for students, policymakers appear to be swayed by pressures from existing homeowners, because students are known to be noisy and make a mess, they say.

In fact, the initial legislation on mini-dorms approved by the Council in January seems to point to the sort of problems that cannot be anticipated by neighbors or Zoning Commissioners unless they make assumptions about the future behavior of possible tenants, perhaps unfairly: “Such buildings tend to impair the quiet enjoyment of the surrounding neighborhoods by creating trash and litter, creating excess parking demand, and being the location of numerous loud and unruly parties.”

“The council has various policies that are in contention with each other, and that’s just another one. ” – City Attorney Zach Cowan quoted in Berkeleyside.In July, the City Council began work on an ordinance that would curb proliferation of the so-called “mini-dorms” by requiring a public hearing for new construction with six or more bedrooms. The ordinance would only impact certain neighborhoods – the ones close to campus, according to the Daily Cal.

It seems to me that instead of regulating potential threats to civil society based on assumptions about young people, the Council might do better to look into why existing housing code is not enforced at existing properties. Several students said they would welcome more scrutiny of their housing, according to the Daily Cal: “We don’t feel safe, because we are in an attic that has no fire escape… We are a lot of people living on top of each other with no fire escape or anything — with no smoke detectors either — so in that sense, we feel really unsafe.”

I Urge Anyone In The Above Situation to Contact Code Enforcement! There are existing laws to protect you, and you may be entitled to a rent decrease too – ask at the Rent Board. Stand up for your own safety!

Students, please join BTU at our next Potluck, August 14.

As one commenter on Berkeleyside put it, “We have codes up the wazoo, often unenforced by the City and ignored by some property owner who make a living exploiting students.”

http://www.berkeleyside.com/2013/07/24/berkeley-officials-crack-down-on-mini-dorms/

http://www.dailycal.org/2013/07/28/city-ordinance-aims-to-limit-development-of-private-dorm-style-housing/