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

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

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

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

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

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

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

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

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

 

 

co-detectTwo Berkeley renters died last week in a case of carbon monoxide poisoning.

News reports did not say if the building’s owner was required to have installed a carbon monoxide detector, but BTU thought this would be a good time to remind all renters that MOST apartments have been required by state law to have CO detectors since 2013. Single-family and duplex homes were required to have the alarms as of July 2011.

Carbon monoxide does not smell. CO alarms are required on every floor, including basements, and should be placed in hallways outside of bedrooms. The law applies only to homes and buildings that have a gas heater or appliance, fireplace or attached garage. It is the renter’s responsibility to check and replace batteries.

Smoke detectors are required in all units.

Poison Gas May Have Come from 3D Printer
http://sanfrancisco.cbslocal.com/2017/01/27/source-carbon-monoxide-poisoning-killed-berkeley-couple/

More on Deaths at 3028 Deakin Fourplex
http://www.berkeleyside.com/2017/02/03/berkeley-police-carbon-monoxide-caused-death-couple-cats/

http://www.berkeleyside.com/2017/01/28/carbon-monoxide-laser-cutter-may-caused-mysterious-deaths-berkeley-home/

500 People Die Each Year
“Because it is not a disease that requires reporting for record keeping, it is difficult to find statistics on how many illnesses and deaths occur from carbon monoxide poisoning in the Bay Area. But about 500 people die and 20,000 are injured each year nationwide, according to the Centers for Disease Control and Prevention. In San Francisco, Pacific Gas & Electric crews have responded to 757 carbon monoxide investigation calls so far in 2012, said utility spokesman Joe Molica.”
http://www.sfgate.com/bayarea/article/Monoxide-detector-rules-expand-Jan-1-4079115.php

Where to Place Detectors
http://www.ci.berkeley.ca.us/Planning_and_Development/Housing_Code_Enforcement/Carbon_Monoxide_Devices.asp

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

1280px-Bed_bug,_Cimex_lectularius

The Berkeley Rent Board awarded two tenants 100% of their rent back after a young couple moved into a room on University Avenue that already had a serious bed bug infestation.

One tenant testified that the very first morning after he slept in his new home he counted more than 80 bites. The couple said they slept in 4-hour shifts, with one staying on guard to fend off the bed bugs, for several weeks. Commissioners described the photos as “horrifying” and voted unanimously to uphold the hearing examiner’s award of a 100% reduction in rent for the time that the bugs were present.

According to documents in the Appeal heard by the Board on Monday night, a Vector Control inspection made just nine days after the renters moved into the living room suggested that the blood-sucking pests were in the unit well before the new renters arrived. According to the Rent Board staff’s legal recommendation in the appeal, the landlord should have known about the bugs. Not only would the owner have seen the “100’s to thousands” of bugs in the living room curtain had he checked the unit before renting it, but he should also have been aware of the pests since other tenants had moved because of bed bugs.

These tenants did everything right: they contacted the owner immediately, made their expectation that he hire a professional clear, contacted the Berkeley Rent Board, and arranged an Environmental Health inspection within days of the first bites. It seems they followed all the difficult steps in cooperation with the exterminator as well, because they got rid of the notoriously challenging bugs within weeks.

Unfortunately the owner initially made the situation worse by spraying some bug spray himself. There is no known over-the-counter treatment for bed bugs, and these bugs are known for spreading to other rooms and other units if disturbed by an ineffectual poison. Someone also said the landlord brought a blow torch into the unit to treat the furniture and dragged an infested mattress onto the roof to lay in the sun.

It is not known why the renters in the other two rooms in the unit did not join in the complaint. The landlord rents each room separately.

Got Bed Bugs?

  1. Contact the Rent Board Agency: rent@cityofberkeley.info
  2. Contact the Health Inspector: envhealth@ci.berkeley.ca.us
  3. Drop us a line at info at berkeley tenants dot org