Tuesday the City Council will vote on a proposed ballot measure updating the rent laws to prepare Berkeley for a world without Costa-Hawkins. One of the major changes is that buildings build after 1980 could be rent controlled! Right now, the state law Costa-Hawkins says that cannot happen. The Berkeley City Council will be discussing how old a building should be before rent increases are limited. They seem to favor setting this period to be between 12-15 years. Maybe you would like all buildings under rent control NOW?

BTU member Paola Laverde sent in the information below:

Berkeley Renters We Need You!
The Rent Is Too Damn High!

126 hours at minimum wage will pay for a one bedroom in Berkeley. Source: http://tinyurl.com/yd6y6a96

Come out to Tuesday’s City Council meeting and make sure your voice is heard as the City Council debates whether to expand rent control.
We need you there to ensure that the City Council does not cave in to developers who want to delay new rent control for 20 YEARS OR MORE!
Where: Council Chambers: 2134 Martin Luther King Jr. Way
When: Tuesday, July 31, 2018 at 6 P. M.
What: The Council will be debating how long rent control should be delayed on newly constructed rental units.  The proposal before them is 12 to 15 years. However, property owners and developers are screaming that nothing less than 20 to 30 years is acceptable.

If tenants do not raise their voices loudly, the City Council may cave in to property owners and developers, leaving renters to suffer as already unaffordable rents sky rocket even higher.

The decision reached by the Council on Tuesday night may be put on the November 6, 2018, ballot for Berkeley voters to decide.  It will only go into effect if Proposition 10, the Affordable Housing Act, is approved by California voters.

Now is the time to take a stand against big money and the rental housing industry that is responsible for the affordability crisis impacting Berkeley.

THE RENT IS TOO DAMN HIGH!

For More Information:

Berkeley Ordinance Amendments
https://www.cityofberkeley.info/Clerk/City_Council/2018/07_Jul/City_Council__07-31-2018_-_Special_Meeting_Agenda.aspx
see Item #6

California Prop 10 Would Allow Berkeley to Expand Coverage
https://lao.ca.gov/BallotAnalysis/Proposition?number=10&year=2018

The Statewide Movement
https://www.citylab.com/life/2018/07/rent-control-is-gaining-steam-in-california/565856/

Measure U1 Debate Continued
The Berkeley City Council carried items about spending Measure U1 money to their July 25 meeting. See Items 48, 50 and 51 on that agenda.
http://www.ci.berkeley.ca.us/Clerk/City_Council/City_Council__Agenda_Index.aspx

The State of Berkeley
Mayor Jesse Arreguin is a renter who rose to prominence as strong voice for tenants when he chaired Berkeley’s Rent Board and while he represented the downtown area on City Council. His first State of the City address highlighted his dedication to affordable housing and antidisplacement.

He said the city needs to fight the ravages of gentrification, strengthen defenses against eviction of tenants, work to eliminate the state Costa-Hawkins Rental Housing Act, and do more to protect undocumented immigrants from deportation.”
http://www.eastbaytimes.com/2017/07/11/mayors-address-cites-berkeleys-disparities-role-in-national-politics/

“Arreguín said he is also proud of the $650,000 included in the new city budget for eviction defense and housing subsidies — and of the plan to build affordable and permanent supportive housing, along with more shelter beds and transitional units for veterans, at Berkeley Way. The council voted unanimously to prioritize that ambitious plan in June, though its success depends on securing more funding for the $90 million project.”
http://www.berkeleyside.com/2017/07/11/mayor-jesse-arreguin-pledges-re-earn-berkeleys-progressive-reputation-city-address/

BCA Progressive Town Hall Sunday July 15
Progressive Town Meeting with many City Council members – sponsored by our good friends at Berkeley Citizens Action: Sunday July 16, 3-5pm at the South Berkeley Senior Center, 2939 Ellis Street.

Berkeley Rent Control – in 1942!
Bay Area housing rent control went into effect July 1, 1942, and the first day of required registration was July 15. Anyone who rented an apartment, house, or room had to register and list the rents. “No landlord may now charge a rent higher than that prevailing on March 1, 1942”, the Gazette noted on July 15. “Any tenant who for personal reasons, privately agrees to pay more than the legal rate is equally guilty of evading the law.” Six stations had been set up to receive registration forms.
http://www.eastbaytimes.com/2017/07/10/berkeley-a-look-back-wartime-introduces-city-to-rent-control/

On Student Housing
“The old dorms, forced by state policy to be financially self-sustaining, are already insanely expensive. And now, with UC Berkeley pitching itself to wealthy out-of-state students who pay high fees , with an emphasis on the privileged offspring of well-off foreigners, even pricier alternatives are on offer, under the rubric of “Affiliated Properties.” What does this mean? If you click under this heading on the UC Housing website, you see these three buildings: Garden Village Apartments; New Sequoia Apartments; Panoramic Residences. The first two were originally permitted by the city of Berkeley as tax-paying private rental development, the kind marketed as “luxury apartments. Presumably the third, developed in San Francisco by Patrick Kennedy, who made his original fortune in Berkeley, is in the same category. Now, however, they seem to have been subsumed into UCB’s housing schemes. Are they consequently off the tax rolls?”
http://www.berkeleydailyplanet.com/issue/2017-07-07/article/45868?headline=UC-expansion-engulfs-Berkeley–Becky-O-Malley

Op Ed on Berkeley Development Policies
“It is not true that asking developers to pay higher fees will kill their incentive to build. Just look at all the cranes out there.”
http://www.berkeleyside.com/2017/06/13/opinion-berkeley-needs-new-housing-policy-works-many-not-just/

New York Times on Berkeley Housing Crisis
The New York paper interviewed Mayor Arreguin.
https://www.nytimes.com/2017/06/15/us/california-today-the-housing-crisis-hits-berkeley.html

Mother Jones Mocks Berkeley Housing Policies
http://www.motherjones.com/environment/2017/06/climate-change-housing-berkeley/

In Other Places 

San Mateo County Study on Displacement
If you know me, you know I love data. Data from this new study of evictions and displacement in San Mateo County could help Berkeley leaders make the case for more funding for enforcement of eviction protections and rental assistance as a means of homelessness prevention.
“The surveys found that of the people who reported being displaced in the last two years, one in three had experienced homelessness or marginal housing (defined as living in a motel or hotel, renting a garage, or “couch-surfing”); only one in five was able to find a new place to live within a mile of their former residence; and one in three left the county. Several reported that their families had to split up to find housing.”

The study also shows the environmental impacts of the housing emergency.
”Those who did leave the county saw their one-way commute time increase by an average of 47 minutes and commute cost rise by $390 a month for the main household earner.”
https://almanacnews.com/news/2017/06/22/study-displaced-residents-face-many-other-adverse-effects

 

UC Berkeley Institute of Governmental Studies Displacement Report
http://www.urbandisplacement.org/sites/default/files/images/impacts_of_displacement_in_san_mateo_county.pdf

 

Oakland Wants Berkeley’s Protections
Jonah Strauss of the Oakland Warehouse Coalition said that the referral of the owner move-in exemption to the rent board is a good move. He said Oakland should adopt strong rules like those in Berkeley, and that if a landlord does carry out an owner move-in eviction they should be required to pay a “substantial” amount to help their tenants relocate.”
https://www.eastbayexpress.com/SevenDays/archives/2017/07/11/oakland-looks-to-close-owner-move-in-and-occupancy-loopholes-reduce-evictions-and-harmful-rent-increases

Fremont Wants Rent Control
“The tenants are really in an unleveraged position,” Bonaccorsi said. “They don’t have equal bargaining power. There is a lot of fear, there is a lot of anxiety, there is a lot of stress, there’s a lot of families that have been displaced.”
http://www.eastbaytimes.com/2017/07/12/fremont-isnt-ready-for-rent-control-council-decides/

San Francisco Wants Vacancy Tax
https://sf.curbed.com/2017/7/12/15961486/sf-tax-landlord-homes-apartments-vacant 

Los Angeles Short Term Rentals Debate
https://patch.com/california/studiocity/airbnb-supporters-flood-city-hall-fight-limits-rentals

Airbnb to Collect Taxes for Puerto Rico
https://www.usnews.com/news/best-states/california/articles/2017-06-22/airbnb-to-collect-room-tax-in-puerto-rico-for-government

Airbnb Still Fighting Paris 
https://www.reuters.com/article/us-airbnb-hotels-reaction-idUSKBN19R2TT

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

Repealing Costa Hawkins would solve a lot of problems for Berkeley.

This state law gives landlords the right to jack the rent upon vacancy, bans local laws to regulate rents on any post-1996 construction, and exempts single-family homes and condos from rent control too. To get the state to repeal Costa Hawkins is the first step to making rent control cover all rentals and work for all renters.

California Assembly Members Bloom (Santa Monica), Chiu (San Francisco), and Bonta (Oakland) introduced AB 1506 in February – the bill as currently written would repeal the 1996 Costa-Hawkins Rental Housing Act.

The Berkeley Rent Board voted to support this bill in March; City Council votes tonight.

To repeal Costa-Hawkins would also mean Berkeley can have the kind of rent control Berkeley voters wanted: the rent would not go up astronomically when a new tenant moves in. This means landlords have less motive for bogus evictions, tenants can afford to move as their lifestyle changes, and speculators are discouraged from using housing as a short-term investment.

Berkeley Tenants Union leaders considered postponing any support for the bill because too many changes could happen before the state legislature actually votes – two years from now! But upon advice from Tenants Together (we are a member organization of this statewide group) and because we saw a “Red Alert” to members of the mega-landlord group BPOA, we are asking that you TAKE ACTION!

Right now, AB1506 is at the Committee on Housing and Community Development.
No hearing date has been set.

1) Ask the sponsor Bloom to pledge not to amend AB 1506 by calling (916) 319-2050. Say you ask that Costa Hawkins be repealed, not amended.

2) Use this form to write our state reps:
http://tenantstogether.org/campaigns/repeal-costa-hawkins-rental-housing-act

3) Post a link to this BTU post on Social Media and ask friends in Santa Monica to also telephone Bloom.

City Council May Support AB1506 April 4
http://www.ci.berkeley.ca.us/Clerk/City_Council/2017/04_Apr/Documents/2017-04-04_Item_09__Support_of_AB_1506__Repeal_of_Costa-Hawkins.aspx

More on Costa Hawkins
Berkeley Property Owners debate Rent Board Staff on KALW
http://kalw.org/post/debating-costa-hawkins-should-we-strengthen-or-shrink-rent-control-laws#stream/0

History Lesson: How Costa Changed Berkeley
http://www.tenant.net/Other_Areas/Calif/berkeley/ca-leg/ab1164.html

The Law Itself Is Really Hard to Read
http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=9516

Track Changes to This Bare Bones Bill Here:
http://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201720180AB1506

REMINDER: CONTACT ASSEMBLY MEMBER BLOOM TODAY!

At a meeting in January, BTU selected fellow Tenants Union member Kate Harrison as the best candidate for renters in the District 4 Special Election for City Council.

Kate Harrison won overwhelming support at the endorsements meeting since she is already well-known for her leadership in getting the landlord tax passed last fall (Measure U1) as well as for her community work making sure big developers are forced to fund affordable units in Berkeley. Her platform also includes using a portion of the transfer tax on homes sold in Berkeley to fund even more low-income housing. Kate also wants to allow limited equity coops to use Housing Trust Fund money to purchase existing rental housing in order to keep it affordable.

Learn More About Kate’s Housing Proposals
http://electkateharrison.com/issues/

Video from League of Women Voters Forum
https://www.lwvbae.org/elections/

The election is being held by mail to save costs. Ballots must be in by March 7th. The special election is needed because BTU member Jesse Arreguin, who was the District 4 Councilmember, was elected mayor last November.

Ben Gould Corrects Campaign Violations
…violations of the Berkeley Election Reform Act had been committed, but determined that the violations had been corrected promptly.
http://www.eastbaytimes.com/2017/02/17/berkeley-watchdog-panel-declines-further-probe-into-gould-campaign/

How the Candidates Differ
“Harrison emphasized protecting existing tenants against displacement by limiting short-term housing, protecting rent control, and enforcing rules on owner move-in evictions.”
http://www.eastbaytimes.com/2017/01/25/berkeley-candidates-for-vacant-council-seat-differ-on-approaches/

Harrison Q&A
I would like to expand the current program helping building owners pay for energy improvements through their property taxes to include safety improvements for artists’ live/work spaces to avoid repeating the tragedy at the Oakland Ghost Ship. We cannot afford to lose our creative community either through disaster or displacement.
http://www.berkeleyside.com/2017/02/07/district-4-candidate-kate-harrison/

 

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

Berkeley Council Invites Mostly Developers to Discuss Affordable Housing Options:
Former Planning Director Mark Rhoades, now a developer himself, was a featured speaker at the February 16 Council forum.
http://www.berkeleyside.com/2016/02/17/berkeley-considers-ways-to-build-more-affordable-housing/

Several speakers who work for, or consult with, developers said Berkeley’s public process is to blame for rising building costs.
http://www.dailycal.org/2016/02/17/city-council-discusses-problems-solutions-affordable-housing-crisis-work-session-tuesday/

Berkeley has built only 206 below-market rentals since 2012
Berkeley has approved only 206 below-market rentals since 2012

8% Affordable Housing Will Not Address Crisis
“With those units, plus all of the projects at various stages of the use permit application process as well as those under construction, the totals since 2012 come out to 206 affordable units out of 2,787 total units, or 8 percent (see ABAG slide above).
…There was consensus among the experts that the city needs to expedite housing construction by facilitating funding and cutting red tape. But not all of them bought into the oft-cited notion that building lots of luxury housing will put a significant dent in the affordable housing shortage… Several lamented what they saw as the loss of economic and ethnic diversity in a city where skyrocketing residential rents are out of reach of most working people, many of them minorities. The rising rents represent “a major transfer of income from tenants to real estate investors,” and they vastly exceed what a landlord needs to profitably operate and maintain a building, said former Berkeley Housing Director Steve Barton, one of the presenters on Tuesday.”
http://www.dailydemocrat.com/general-news/20160217/berkeley-forum-seeks-ways-to-speed-construction-of-affordable-housing/2

Landlord Tax Could Fund Affordable Housing
http://www.dailycal.org/2016/02/24/city-council-approves-poll-to-residents-about-potential-ballot-measures/

Trying to Stop Berkeley Eviction Cases from Moving to Far-Away Court:
http://www.eastbayexpress.com/oakland/tenant-advocates-decry-court-move/Content?oid=4679640

Students Ask University to Step Up
The ASUC Student Housing Committee published this editorial in the Daily Californian calling for the University to produce more student housing and scrap plans for a private hotel on UC land in downtown Berkeley.
Despite plans to increase enrollment by at least 1,500 new students at UC Berkeley over the next few years, the campus only has plans to create 725 net new beds over the next five years; by contrast, the campus is increasing enrollment by 750 students next year alone… Furthermore, the university plans to build this project — and future projects — as a P3, or public-private partnership. As a P3, such a residence hall would be on university land but operated by a private company, a situation known as privatization. As a result, students would simultaneously lack the protections of local laws — such as rent control and eviction protections — while also paying more for rent to a private company.”
http://www.dailycal.org/2016/02/23/university-must-build-public-residence-hall-downtown/

Students Hold Rally
http://www.dailycal.org/2016/02/28/campus-students-rally-affordable-student-housing-friday/

Equity Residential Sells 1,800 Rent Controlled Units
Equity Residential, also Berkeley’s largest landlord, sold its units in East Palo Alto to Abu Dhabi Investment Authority, a foreign investment firm. Equity is also selling all of its units in Berkeley.
http://www.bizjournals.com/sanjose/news/2016/02/16/exclusive-east-palo-altos-woodland-park-apartments.html

Oakland: Short Term Rentals Tax to Support Affordable Housing
This from the East Bay Housing Organizations (EBHO):
“As the result of months of EBHO members’ advocacy and efforts, on February 2nd, Oakland City Council allocated $350,000/year of the Transient Occupancy Tax revenue from short-term rentals to the Affordable Housing Trust Fund for each of the two years in the current budget cycle.
Allocating TOT revenue, which is the occupancy tax paid by hotels and other tourist accommodations, from these short-term accommodations to the Affordable Housing Trust Fund will help mitigate the impact of the short-term rental industry as the City begins to explore policy solutions addressing this issue.  The TOT being allocated is from revenues the City receives over and above the $500,000/year allocated in the ’15-’17 budget, so it is not impacting other City priorities. As you read in EBHO’s report, The Impact of Short Term Rentals on Affordable Housing in Oakland, the City has an undisclosed contract with Airbnb to collect TOT.”

San Francisco: Fire Leads to Demolition, Evictions
San Francisco guarantees rent-controlled tenants who are displaced by a fire the right to return to their units after repair at their previous rent, though few do. But with the demolition, that protection no longer applies: New buildings are not subject to rent control because of state law and are not bound by the right of return. No-fault evictions on the basis of demolition are also allowed under city law. “
http://missionlocal.org/2016/02/sf-orders-demo-of-burned-mission-st-building-tenants-may-lose-right-to-return/

Housing For the Rest of Us – Success!
HousingRest-2
On 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/

Nifty Berkeley Video https://youtu.be/97bt87Xm4FU
Click the photo to play nifty Berkeley video (YouTube)

2016 Tenant Convention
Your tenants union has convened other progressive leaders to begin planning the 2016 convention to elected a pro-tenant slate for Rent Board. If you are interesting in running for election to the Board, or in helping to plan the annual gathering, drop us a line or keep an eye on the tenant convention webpage: http://berkeleytenantsconvention.net/

Developers Forum Shows Possible Bias from Zoning Commissioner
Housing policy wonks in Berkeley were all abuzz after a Berkeleyside article about a forum on development – because none of them heard about this forum until the article. The Urban Land Institute, one of those nonprofits that pays their top executives $300,000 – $400,000 a year, sponsored the forum. The institute’s website proudly displays their “corporate partners”: developers, real estate firms, and the banks that lend them money. One Zoning Commissioner was a presenter:
Cities also have a financial bias against housing; they prefer retail and office buildings that generate taxes, rather than housing that demands schools and services, she said. One of the biggest issues are the legal challenges to large projects, said Pinkston. Environmental reviews are used to delay development rather than to actually consider the impact of a project on a community, she said. Extra litigation adds to the cost of building housing, which pushes up rents, she said. Every time a housing project is delayed because of litigation, it contributes to climate change, said Pinkston.”
http://www.berkeleyside.com/2016/01/25/housing-forum-a-good-development-climate-in-berkeley/

Affordable Housing Worksession February 16
On December 1st the Berkeley City Council held a special session to discuss affordable housing, but ran out of time before having any substantial discussion. Their next session about affordable housing will be Tuesday, February 16th. They invited the Berkeley landlord political action committee, BRHA, to make a presentation in December, and while we never expected them to invite Berkeley Tenants, we are wondering why the Rent Board is not presenting at this session.
http://www.contracostatimes.com/breaking-news/ci_29194783/berkeley-studies-affordable-housing-options
see also
http://www.berkeleydailyplanet.com/issue/2015-11-28/article/43948?headline=Recommendations-for-Special-Berkeley-City-Council-Work-Session-on-Affordable-Housing-December-1-2015–Rob-Wrenn

Kriss Worthington Helps Stop Eviction
Councilman Kriss Worthington said Monday that the CEO of The John Stewart Company, which manages the government-subsidized William Byron Rumford Sr. Plaza residential complex in South Berkeley, has agreed to drop eviction proceedings. In exchange, tenant Michael Pachovas must promise to file his annual recertification papers, along with some income and medical documentation.”
http://www.contracostatimes.com/breaking-news/ci_29464781/berkeley-deal-works-stave-off-eviction-disabled-senior

Artists Warehouse Shut Down By Oakland
The building was previously managed by Madison Park Financial, a real estate company owned by John Protopappas, a close friend of Mayor Libby Schaaf. Madison Park Financial withdrew from managing 1919 Market Street last year and was replaced by a company called 1919 Bayside, which is run by San Francisco real estate entrepreneur Danny Haber. …last year another company run by Haber, The Negev, was sued in San Francisco over alleged wrongful evictions to push out rent-controlled tenants and use their apartments for tech bunk houses.”
http://www.eastbayexpress.com/SevenDays/archives/2016/01/28/dozens-of-renters-lose-homes-as-city-closes-1919-market-street-warehouse-in-oakland

Residents Get 72 Hours to Move
Singer said the company will abide by all the laws in regards to tenants’ rights to return to the complex upon completion of the renovation and units will be priced at whatever market rate the law allows.”
http://www.ktvu.com/news/83415325-story

…And It’s Already for Lease?
http://www.loopnet.com/Listing/16491858/1919-Market-Street-Oakland-CA/

When Landlords Lie
“A landlord can continue to serve you with sixty-day notices, even if they’re bogus, take you trial, bleed you of money, and there’s nothing you can do,” he said. “We need to fix this system.”
http://www.eastbayexpress.com/oakland/when-landlords-lie/Content?oid=4665115

Alameda Landlord In the Hot Seat
Don Lindsey, who is one of Alameda’s most powerful landlords and is a leader among property owners strongly opposed to rent control on the Island, is under investigation by the California Bureau of Real Estate for alleged financial improprieties. A state investigator is accusing Lindsey of failing to provide proper accounting for various tenants’ fees”
http://www.eastbayexpress.com/SevenDays/archives/2016/01/07/alamedas-landlord-in-chief-accused-of-wrongdoing

Everyone Really Wants Rent Control!
“Renter protections are being considered in three cities within days.”
https://www.indybay.org/newsitems/2016/01/23/18782155.php

By Which Time All the Poor People Will Be Gone?
The council members did approve setting up an advisory committee to hash out the landlord-tenant issues that brought this issue to the forefront. That committee will report back to City Council in one year.”
http://www.pacificatribune.com/news/city-votes-against-rent-control-plan/article_7e8b57ea-c9df-11e5-854c-df2627484ca4.htm

Berkeley Tenants Union has three important items at the City Council on Tuesday.
For more info, see the posts below this one. 

About the Demolition (Item 21):
If the City Council allows this demolition to go forward, the law prohibiting unmitigated demolition of rent controlled housing means nothing anymore, and all of Berkeley is at risk of being bulldozed to make way for luxury housing.

About changes to the Rental Housing Safety Program (Item 23):
One reason developers give to tear down affordable older units is that they are in really bad shape. Never mind that they continue to rent them out while simultaneously making a claim that they are unsafe. In order to preserve our housing, we must make cyclical inspections a reality in Berkeley as they are in most other major cities.

November 17 will also see the Council discuss a Windfall Profits Tax on High Rents. There will be a special workshop at 5:30 PM in order for the Council to consider a ballot measure to increase the business license tax on larger landlords and use the money to building and rehab affordable housing, including the student co-ops.

What you can do:

1) Take a picture of unsafe housing conditions and email it to City Council marked November 17, Item 23.  clerk@cityofberkeley.info  They have to get the email by noon on Tuesday.

2) Come to the Demolition Appeal at old City Hall on November 17 around 8 PM and hold a sign to support BTU and the ASUC during the appeal. We demand that the law which says

“Notwithstanding the above, the Board shall approve a Use Permit to eliminate a controlled rental unit only when it finds that…The replacement dwelling unit shall be available for occupancy to Households for Lower Income or Very Low Income Households” must mean that rent controlled housing can only be torn down if replaced unit-for-unit with permanently affordable housing! Look for us in blue BTU T Shirts to get a sign showing support. 

3) Come early to support the Windfall Profits Tax at 5:30 PM

If you can’t make the meetings, please send an email NOW
to Council marked Item 21 c/o  clerk@cityofberkeley.info

Rent Controlled housing should be torn down only if it is replaced one-for-one with permanently affordable housing. Developers should not be rewarded for allowing their buildings to fall apart.

For more information about the proposed demolition at 2631 Durant:

Letter From Student Tenants:
DurantTenantsLetter

Berkeley Tenants Union Op-Eds:
http://www.berkeleyside.com/2015/11/16/op-ed-stop-developers-from-demolishing-rent-controlled-buildings-without-replacing-them/

http://www.berkeleydailyplanet.com/issue/2015-11-06/article/43881?headline=Demolition-of-Rent-Controlled-Units-Sets-Bad-Precedent–Berkeley-Tenants-Union

News Articles:
http://www.berkeleyside.com/2015/06/25/berkeley-zoning-board-to-consider-demolition-on-durant/

http://www.dailycal.org/2014/08/24/56-unit-student-housing-complex-may-coming-durant-avenue/

City Documents:
http://cityofberkeley.info/Planning_and_Development/Zoning_Adjustment_Board/2631_Durant.aspx

Letter from Berkeley Neighborhoods Council:
2631 Durant Demolition Letter to City Council