What: Come join BTU, DSA, UAW, and SEIU canvassing to protect Berkeley tenants and elect Cecilia Lunaparra to the City Council When: Saturday, March 16, 2024, 11:00am – 2:00pm Where: UC Berkeley Unit 3 Courtyard (2400 Durant Avenue) << RSVP Here >>
This Saturday at 11AM, we’re holding our second canvass for two major BTU campaigns: Campaigning for Cecilia Lunaparra for Berkeley City Council District 7, plus signature gathering for the Berkeley Tenant Protection and Right to Organize Act, a ballot measure to expand rent control and give tenants a legally enforceable right to unionize and collectively bargain with their landlord.
We’ll meet in the courtyard of UC Berkeley’s Unit 3 dormitory (2400 Durant Avenue) at 11AM before beginning the canvass. Make sure to wear comfortable clothing so that canvassing is as fun as possible!
Can’t make Saturday’s canvass but still want to help collect signatures? Just fill out the RSVP form and indicate in the last question that you can’t make it.
What: Come join BTU, DSA, UAW, and SEIU kicking-off canvassing to protect Berkeley tenants and elect Cecilia Lunaparra to the City Council When: Saturday, March 9, 2024, 11:00am – 2:00pm Where: UC Berkeley Unit 1 Courtyard (2650 Durant Avenue) << RSVP Here >>
This Saturday at 11AM, we’re launching the field campaign for two major BTU campaigns: Canvassing for Cecilia Lunaparra for Berkeley City Council District 7, as well as signature gathering for the Berkeley Tenant Protection and Right to Organize Act, a ballot measure to expand rent control and give tenants a legally enforceable right to unionize and collectively bargain with their landlord.
We’ll meet in the courtyard of UC Berkeley’s Unit 1 dormitory (2650 Durant Avenue) at 11AM before beginning the canvass. Make sure to wear comfortable clothing so that canvassing is as fun as possible!
Can’t make Saturday’s canvass but still want to help collect signatures? Just fill out the RSVP form and indicate in the last question that you can’t make it.
**If your landlord threatens to evict you for ANY reason, immediately email info@berkeleytenants.org with the subject line “I AM BEING EVICTED” so we can provide you help ASAP. (California tenants outside Berkeley should call Tenants Together at 888-495-8020.) Because of the extremely unfair legal deadlines for tenants facing evictions, it is crucial for tenants to react very quickly to eviction notices (even for blatantly illegal evictions). Do NOT wait to use our counseling clinic if you are facing an eviction.**
BTU is proud to hold a free monthly counseling clinic, where any East Bay* tenant may speak with a professional tenant attorney. Our next clinic will take place next Thursday, January 26 at 3-5PM via phone. In order to use the clinic, you must sign-up for a spot here by 11:59PM Sunday, January 22 (i.e. FOUR days before the clinic). However, we only have a very limited number of spots available; priority is always given to BTU members (see below for how to join or renew your dues), followed by sign-up order. (Members are also told about our clinics earlier than non-members.)
You can join BTU/pay your dues by going to our website and clicking the yellow “Donate” button in the upper-right corner. Dues are a sliding scale of just $10 – $27 per year; however, those who can afford to pay more are strongly encouraged to do so. If you’d prefer to pay dues by cash or check (which lets BTU avoid paying a transaction fee), please email info@berkeleytenants.org to have someone come pick up your dues in-person (we’ll do so in a way that maintains proper social distancing).
* Our clinics’ tenant attorneys are unfortunately only able to assist tenants living in Alameda and Contra Costa Counties. If you are a tenant who lives in Solano County (or anywhere else in California), we encourage you to call Tenants Together at 888-495-8020 for counseling.
The next meeting will be Saturday, February 13 at 5:00 PM on the Zoom platform, online. Members will be sent an email about the meeting. Agenda items will be sent out soon, but the major topic of this meeting will be the status of the local eviction moratorium.
To become a member, contact Berkeley Tenants Union by email. Dues are on a sliding scale and can be paid in a number of different ways. Members are eligible for our monthly counseling sessions as well as a strong say about what issues the organization chooses for action. Ask to see the BTU by-laws for more information.
These days, BTU communicates about actions via emails and Facebook. Be sure to like the Facebook page you see displayed on the sidebar to the right!
Also, please share this Facebook link to our meeting, or a link to this post – let’s build our numbers and bring more power to the people! https://fb.me/e/3KLr3BzA5
Berkeley Tenants Are Organizing! “The current city moratorium has “weak” penalties for property owners who institute late fees, lock out tenants or threaten renters, according to (a Berkeley Tenants Union leader) Lewis. He said crucial parts of the measure, such as amendments to include renters’ rights on eviction notices, were removed Nov. 17. If the stricter moratorium passes, it will not take effect until February 2021 due to restrictions in a statewide moratorium that prevents property owners from taking tenants to court, according to Lewis.” https://www.dailycal.org/2020/12/08/berkeley-city-council-votes-on-measure-to-strengthen-eviction-moratorium/
Berkeley Landlords Are Organizing Too! “There are multiple Eviction Moratoriums in effect during this pandemic. Berkeley’s Eviction Moratorium currently prohibits any type of eviction during the local state of emergency and dictates how rent not paid during the pandemic is to be handled. The state’s Eviction Moratorium (AB 3088 effective Sept 1 to Jan 31) is currently being modified at the legislature. We expect the moratorium will be extended through June of 2021, as well as continue to defer the 25% payment of rent until then. BPOA is working to provide guidance as to how the state’s extension will interact with our local Eviction Moratorium.” https://www.bpoa.org/
Weak Federal Protections Extended by Biden “At President Biden’s direction, the eviction moratorium from the Centers for Disease Control and Prevention has been extended to March 31. But tens of millions of people owing back rent may be forced out of their homes even with the extension. After months of wrangling, Congress allocated $25 billion in rental assistance.” https://www.nytimes.com/2021/01/28/opinion/eviction-crisis-moratorium.html?action=click&module=Opinion&pgtype=Homepage
Other News The East Bay Community Law Center is working with City of Berkeley leaders to establish a housing policy called the Tenant Opportunity to Purchase Act. Learn more about TOPA here: https://ebclc.org/topa/
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.
“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
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.”
BTU Calls For Landlords to Be Fined for Campaign Violations, Again On Thursday, May 18, 2017, Berkeley’s Fair Campaign Practices Commission (FCPC) would not decide to enforce the Berkeley Election Reform Act. Commissioner Dean Metzger asked that the staff report include past violations from the same offenders after BTU pointed out their history. In addition, Commissioner Greg Harper asked the city attorney for further information.
The next FCPC meeting will be Thursday, July 20, 2017
BTU LETTER: BTU letter for FCPC
June 13 City Council Votes on Developer Fees On Tuesday, June 13 the City Council will hold a public hearing to increase the affordable housing mitigation fee from $34,000 ($30,000 if paid when the building permit is issued) to $37,000 ($34,000 if paid when the building permit issue is issued). The affordable housing mitigation fee is one of the primary ways that the city funds affordable housing, making this increase extremely important.
You can let the city council know that you support the increase by emailing council@cityofberkeley.info and clerk@cityofberkeley.info
Santa Rosa Nears Rent Control Vote “The largest contribution reported to date to the landlord committee, called “Citizens for Fair and Equitable Housing — No on C,” was $280,000 from the political action committee of the California Association of Realtors. A treasurer for the committee referred questions to the spokesman for the California Apartment Association…” http://www.pressdemocrat.com/news/6793101-181/money-pouring-in-to-fight?artslide=0
The Democratic Party Supports Rent Control “The California Democratic Party supports rent control and just cause for eviction. This is a big deal. Many California Democratic lawmakers are in the pocket of the real estate industry, just like Republicans. They regularly vote against tenants to make sure they continue getting landlord and realtor money. Just recently, only 24 of 80 legislators voted for Assemblymember Rob Bonta’s bill to stop Ellis Act evictions of SRO hotel units in Oakland. If you are scratching your head as to how a narrow bill to stop evictions of some of the most vulnerable tenants in Oakland could lose by a landslide in the California Assembly where Democrats have a two-thirds majority, you obviously haven’t been in the halls of the Capitol recently….” http://48hills.org/2017/05/23/historic-vote-democratic-party-supports-rent-control/
Owner Move In Evictions in Local Spotlight “It is known that some landlords pretend it’s an owner move-in situation simply to evict lower-rent tenants, and then re-rent units for higher rents. Investors buying duplexes, or other small properties with only a few units, with the intention either to hold on to them or flip them, may tell long-term tenants they plan to move in, just to try to get them to move without going through a legal eviction process.” http://www.berkeleyside.com/2017/05/25/berkeley-sees-increase-owner-move-evictions-landlords/
Congratulations Maria!
I am thrilled that Maria is taking over my seat on the Berkeley Rent Stabilization Board!
“Poblet served many years as executive director at St. Peter’s Housing Committee in San Francisco and then spearheaded a merger with Just Cause Oakland in 2010 to form Causa Justa. The new group brought together one organization that had spent 25 years organizing Latinos with one that had spent 10 years organizing Blacks to push for economic and racial justice. Causa Justa is now the largest tenants’ rights group in the Bay Area. Poblet served as the organization’s executive director from 2010 until early 2017.” http://www.berkeleyside.com/2017/05/16/prominent-tenants-rights-activist-appointed-berkeley-rent-board/
Want to get some emotional support, make the next renters able to defeat the landlord you just could not stop, or change that stupid law that screwed your friend? Become a BTU Member by coming to our next general meeting on June 6th! We can also mail you a member form if you email us a request. Sign up in the right-hand column to get on our mailing list, and click the link to Berkeley Tenants on Facebook. We are also going to be at Berkeley Farmers Markets this summer!
If you are a Berkeley tenant in crisis, the first thing you need to do is figure out is which sets of laws apply to you and where you can go for free advice on your rights. YOU HAVE LOTS OF RIGHTS!
You can look online to see if you are covered by Rent Control, but just because your unit doesn’t appear on the Rent Board database does not always mean you are not covered. Also the Rent Ordinance gives renters many rights beyond just rent limits; for example, most units in Berkeley have Just Cause Eviction Protections even if you do not have controlled rent.
The Rent Boardoffers phone, email and drop-in help, but they tend to take a while (up to a week) to respond to messages, so BRING YOUR PAPERS and go see them!
Remember if you have an Eviction Notice (sometimes called a Summons or Complaint or Notice to Quit) you need help RIGHT AWAY. Sometimes you only have a FEW DAYS!
Although the East Bay Community Law Center will only help Extremely Low Income Renters (for example, two people must make less than $20,025 per year combined), they do hold periodic workshops for everyone. You must call 548.4040 to register for one.
Need repairs? Ask in writing! Rent Board can lower rent; code enforcement can issue citations.
BTU struggles to keep up with our counseling, which – for now – we can only do via email. It is best to write to us if you need help figuring out where to go first, want peer-to-peer assistance, or want to work on changing policies and laws. Also, drop us a line if you want to become a counselor or if you are an attorney who wants to get on the referrals list we are making.
Berkeley Tenant Deaths Unexplained
“But three months, one lawsuit and a procession of experts later, the source of the carbon monoxide remains a mystery. Toxicology professionals say that’s not just bizarre, but a possible danger to public health. With the question of origin unanswered, the city has red-tagged the apartment where they died but allowed tenants to stay in the building’s other three units…. In the Deakin Street unit, according to neighbors and authorities, a detector was located only on the ground floor, but not upstairs where the couple slept.” http://www.sfchronicle.com/bayarea/article/Berkeley-couple-s-mysterious-deaths-raise-11077092.php
Still Collecting Rent Next Door to Unexplained Deaths “Experts are calling the case “rare and odd,” noting it’s typically easy to pinpoint the origin of carbon monoxide in a case like this, and they add that the lack of answers is potentially a public health concern. Neighbors agree—though the unit where the Morashes lived has been red-tagged, the other three units in the building have been deemed safe…” http://www.newser.com/story/241431/deaths-of-couple-and-their-cats-baffle-cops-worry-neighbors.html
KNOW YOUR RIGHTS! Since 2013 all rental units with gas heat, appliances or garages have been required to have carbon monoxide detectors. Check your smoke and CO detectors today! STAY SAFE!
State Costa Hawkins Law Changes Delayed by Politics Former candidate for City Council Sean Barry wrote this anti-rent control article last week. Isn’t it a good thing Kriss Worthington kept his seat? In the article, Barry cites “research” from sources like Michael St. John, who works for Berkeley’s largest property owners! He also seems to think the Rent Board could change what is covered by Berkeley rent control – really, only the voters can do that, and we hope someday they will! http://www.berkeleyside.com/2017/04/13/opinion-costa-hawkins-repeal-shelved-lets-find-ways-lower-housing-costs/
San Jose Renters on Hunger Strike “Hernandez and two other renters’ rights advocates decided to go without food until the City Council meeting on Tuesday, when an item will be heard that would implement “just cause” provisions. Currently, landlords can kick a tenant out of their unit without giving any reason.” http://www.mercurynews.com/2017/04/15/san-jose-renter-advocates-on-hunger-strike-until-vote/
Businesses do not like to be regulated. In fact, Airbnb sued San Francisco, Santa Monica, and New York City quite some time ago about the same issue they have now threatened to sue Berkeley about – yet in all the discussions City Council had about short term rentals (STRs), they have never discussed those lawsuits?
Airbnb and HomeAway say they are protected when they advertise illegal rentals just like YouTube and Yelp are protected when they host user content. Not exactly the same thing? Craigslist was recently found not to be responsible for housing ads that ban minorities, with the court saying it would be like FedEx looking in every package. However, Airbnb makes money directly off the services it markets and also already claims to vet the listings in other ways. Are short term rental hosting platforms like social media, or are they like e-commerce sites?
Airbnb has invoked Section 230 of the Communications Decency Act. As San Francisco Deputy City Attorney Robb Kapla said, Section 230 doesn’t apply. “San Francisco is regulating commercial transactions, not speech,” he said.
Also, some Council members have said to me that if Berkeley doesn’t give in to the mega corporation’s threats, then Berkeley’s new STR Law could be put on hold – that would be great! Right now, short term rentals are just illegal! Why not just enforce that so we can have those 200-400 homes for rent again?
That is the real problem with Short Term Rentals in Berkeley – that the city staff and city leaders have refused to enforce ANY short term rental provisions while trying to get a law legalizing some of the rentals in place. Berkeley is sending the wrong message – essentially telling owners it’s OK to break the law. By changing our new law in response to a threat instead of joining Santa Monica and San Francisco in fighting for our housing, Berkeley is sending another wrong message.
San Francisco’s law was not put on hold, just enforcement of the provision fining platforms who list illegal hosts. So why doesn’t Berkeley join on the side of SF and Santa Monica the way that HomeAway and some big property managers have joined on the side of Airbnb? If Berkeley won’t fight the lawsuit, why not file an amicus brief?
Instead the City Council voted unanimously to edit the new law – a law that has had countless public hearings and been debated for almost three years – just the way Airbnb asked them to!
Additionally, the Council report our new renter-Mayor Jesse Arreguin submitted said that changing this key enforcement provision will cost Berkeley nothing. But Berkeley contracts with an outside vendor to (not do) its enforcement. If every ad has to show the host has registered, how much easier will it be to see who is legal and who is not? How much money will that save Berkeley?
Again, it would also be really easy to see who is breaking the law if we just went back to not allowing any short term rentals, and enforced that! Isn’t that what our leaders should be saying to Airbnb? Isn’t this just a big game of chicken?
Then the item from Jesse Arreguin goes even further: it says Berkeley will lose money if Council doesn’t do what Airbnb wants, not because we will be sued, but because we won’t get revenue from short term rental listings. Like we just sold Berkeley’s housing rights? Actually we could generate a lot of money by fining all the people who are already breaking the law.
Shouldn’t the City Council have at least held a closed session to discuss pending litigation before they let Airbnb off the hook?
Santa Monica responded to their lawsuit – which actually claims the law violates the US Constitution – by making their rules even stricter and demanding any business renting for the short term appear on a public city registry just like other small businesses do. This is something BTU asked for in Berkeley, so we could make complaints and track enforcement by being able to see who is legally registered. But even Berkeley’s new City Council would not do this for tenants. The registry is not public.
In San Francisco, New York, and many other places they have moved toward more and more restrictive laws because owners just continue to ignore them. In San Francisco, Airbnb made a big show of taking 900 of the thousands of illegal listings off of their site. In New York, you can now call 311 if you think your neighbor is running an illegal hotel.
Santa Monica recently won a case where a large landlord created fake profiles to get around the local laws. BTU has found several owners with fake profiles, including some who rent all the rooms in one house under two different “host profiles” to disguise that they are renting a whole unit, since renting rooms is allowed under Berkeley’s new law.
Another trend we see in Berkeley is that large landlords who had complaints filed against them just move their listings away from Airbnb and HomeAway and try to hide them on Sabbatical Homes, Flipkey, or even Craigslist.
Berkeley Council Has Second Reading April 25th – it’s not too late!
Meet the New Boss, Same As the Old Boss? “After over two years of discussion and a lengthy community process, the City Council voted on an ordinance that would regulate Short Term Rentals (STRs) in a balanced way that ensures people can rent out a spare unit, while preventing the exploitation of converting units into mini-hotels. The ordinance provides a method of enforcement that would make it easy to identify violators, and prevent Accessory Dwelling Units from being used as STRs (a position 8 out of 9 members of the Council agreed on). However, during the second reading of the ordinance, last minute changes were proposed that jeopardized the entire process. Despite a previous consensus, several Councilmembers are backtracking as a result of intensive lobbying from Airbnb, which among other things would make it very difficult to enforce.” Jesse Arreguin, July 2016 Newsletter
Airbnb Letter to Berkeley and City Council Response “After consultation with AirBnB representatives and City Attorney, it is prudent to strike this section to avoid unnecessary litigation so the ordinance can move forward and so AirBnB can work cooperatively with the city in implementation.” 2017-04-04 Item 11 Amending BMC Section 23C 22 050, Short-Term Rental-1
San Francisco Lawsuit: Initial Ruling Against AirBnB “City Attorney Dennis Herrera applauded the ruling. “I am grateful for Judge Donato’s thoughtful ruling recognizing that just because Airbnb and Homeaway conduct their business online, they are not exempt from any regulation of their commercial transactions,” he said in a statement. “Online businesses don’t get a free pass from the types of regulations that apply to other businesses in San Francisco.” http://www.sfgate.com/business/article/Airbnb-rebuked-in-SF-lawsuit-10602042.php
Why San Francisco is Winning “James Donato, a US District Court Judge for California’s Northern District, didn’t see it that way. In November 2016, he dealt a major setback to Airbnb when he rejected the company’s request to block the ordinance. Donato didn’t buy Airbnb’s Section 230 argument. As he put it, San Francisco’s ordinance doesn’t treat Airbnb as the publisher of illegal rental listings, nor does it force Airbnb to police its website and remove such listings. It simply holds Airbnb accountable for its own conduct: providing “booking services” in connection with unregistered units.” https://backchannel.com/the-most-important-law-in-tech-has-a-problem-64f5464128b6
1431 Allston -Multiple Rooms under different “Hosts”
Santa Monica Sued In September “The goal of Santa Monica’s legislation is to eliminate so-called “rentalpreneurs”, people who use services like Airbnb to lease out several units that, critics argue, would otherwise be used as housing stock in L.A.’s historically tight rental market. For example, a group of evicted tenants sued their former landlord last December, after their old homes showed up in Airbnb’s listing pages.” http://laist.com/2016/09/03/airbnb_sues_santa_monica_over_airbn.php
More About the Law Airbnb Invoked “In Airbnb’s case, the short-term rental giant is arguing that although some people might be breaking the law by listing property on Airbnb without first registering with the city, Airbnb isn’t responsible — and can’t be held accountable — for what people decide to list on its platform.” http://www.latimes.com/business/technology/la-fi-tn-airbnb-free-speech-20160629-snap-story.html
Tech Industry Wants Its Shield “…Detractors say the law has been applied too broadly, and judges have pushed back in a string of recent cases. Section 230 was intended to protect free speech online by removing liability for a newspaper, say, for libelous comments posted on their websites by readers.
But Deputy City Attorney Robb Kapla said Section 230 doesn’t apply.” San Francisco is regulating commercial transactions, not speech,” he said.” http://www.reuters.com/article/us-tech-court-idUSKCN10T0ET
Santa Monica Wins Another Case “The city accused Globe of hiding its activities from investigators through subterfuge, which according to news reports included creating phony Airbnb profiles for owners. Globe is appealing.” https://www.courthousenews.com/class-home-sharers-can-sue-santa-monica/
Craigslist Not Responsible for Housing Discrimination “Traditional statutes are now being applied to e-commerce models. For instance, the anti-discrimination clauses of the United States (“US”) Fair Housing Act (“FHA”) have been examined in the case of online classifieds companies like Craigslist. And, a clause under the Communication Decency Act (applicable to explicit content) has been applied to this case.” http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=2014
Related Issue – Renters Subletting
In Berkeley, the new STR law prohibits renters from doing a short term rental without permission from the owner. BTU didn’t oppose this even though it seems unfair on the surface. That is because we hear about renters getting evicted for using platforms like Airbnb. Not only do most written leases prohibit subletting and assignment (like taking money to let someone else use your apartment) – the Rent Ordinance also does not allow a master tenant (person on the lease) to charge more than the rent controlled rent. That means if the rent is $2000 a month, the rent is about $66 a day, and charging more than that is against the law.
Property Manager Sues AirBnB “It is not acceptable to us that Airbnb actively promotes and profits from deliberate breaches of our leases, and does so in utter disregard of the disrespectful and unsafe situations created for our full-time residents and their families,” Aimco CEO Terry Considine said in a statement.” https://techcrunch.com/2017/02/18/a-big-apartment-management-company-is-suing-airbnb/
re: Item 1, Second Reading of Short Term Rentals Law
Berkeley Tenants Union letter to City Council
February 14, 2017
Berkeley Tenants Union members have spent countless hours waiting to address the City Council in the past several years to deliver our message: in order to protect our rental housing stock, Council should only ease the ban on Short Term Rentals (STRs) a little bit at a time. We have been asking City Council for years to please JUST allow renters and owners to rent THEIR OWN HOMES for the short term, and move on to enforcing the existing ban on other STRs as soon as possible.
We remind you that the ban on renting for less than 14 days was created to make sure there was not an easy way around rent control protections.
We remind you that all permanent housing – even housing that is not rent controlled – contributes to the diversity and affordability of Berkeley.
Some people say they want a compromise; allowing short term rentals for unlimited days when the owner is present WAS a compromise — those rooms could ALSO be used for students and other permanent residents.
We join the Rent Board in asking Council to please change the language in Section 23C.22.020D – BTU has always asked that Council not allow rentals for less than 14 days in any whole unit that could be used for people who live and work in Berkeley. Berkeley Tenants need you to preserve all existing housing for residents, and to create new housing. We do not want new accessory dwelling units (ADUs) to be used as vacation rentals – we worked hard to get that into the initial Council referral for the ADU law many years ago – but it did not get put into that final draft. Berkeley Tenants have always asked that Council not allow STRs in any existing in-laws, or even converted garages – if they have a kitchen. It doesn’t matter if someone bought it last week, wants to use it for their nanny, father or second cousin. Berkeley people need that housing!
We are very concerned that Section 23C.22.020D will encourage new owners to evict long term tenants.
BTU members have also been consistent in our other message — simple laws make for better enforcement. Allowing some ADUs to be short term rentals but not others will be confusing for owners as well as adding an additional layer, and thus additional costs, for enforcement.
We did not send people to the Council meeting on January 24th because we thought that the leaders we worked so hard to get elected this fall had heard our pleas. We are not asking members to come out on Tuesday for the same reason – we expect you to preserve housing and create new housing, not establish new hotel rooms.
Barcelona First City to Fine Airbnb “Airbnb’s business in the city has almost doubled in two years, rising to 20,000 listings from 11,000 in 2014….Even so, its rapid growth has aggravated city authorities who slapped a 600,000-euro ($644,160) fine on Airbnb in November for advertising what they deemed to be illegal room rentals, becoming the first city to do so.” https://www.bloomberg.com/news/articles/2017-02-08/barcelona-rejects-airbnb-plan-to-limit-rentals-in-fresh-clash
There But For Fortune “Clearly, cities with a much longer history of tourism than Charleston have concluded that there is such a thing as too much. In October, Barcelona residents rated tourist numbers as second only to unemployment as the city’s biggest problem. The problem there, which is an increasing problem in Charleston too, is that those tourists are driving up the cost of renting apartments for residents in the city.” http://www.postandcourier.com/opinion/editorials/take-a-tip-from-barcelona/article_82aebb12-e7ef-11e6-8ca7-b7e9e53783b1.html
