Short Term Rentals to new City Council January 24th

There are two proposals before the Council tomorrow. One would allow folks who have been breaking the law by renting their “in-law” unit to visitors to continue to do so while continuing to ban others with in-laws (the ones who have been abiding by the current law) from short term rentals. Yes, you heard me. Item 41a would reward some duplex owners who have been breaking the law by “grandfathering” their short term rentals! This item is a carry-over from the previous City Council, and BTU hopes and expects the new Council to see the inherent risk to renters and reject Item 41a.

Instead, BTU is asking the City Council to support proposals by the Rent Stabilization Board (see below) which would make Item 41b into a short term rentals law much closer to what we have all hoped for: one that would protect our housing stock while allowing owners and tenants to rent their own homes out on AirBnB and other platforms now and again for some extra cash.

BTU did not make these signs, but we were happy to see them
BTU did not make these signs, but we were happy to see them

When is a Kitchen not a Kitchen?

The whole vote on Tuesday will be made extra-confusing by an adjunct proposal; Item 42 changes the definition of kitchen. This may also be an issue renters and those concerned with housing policies will want to weigh in on: can folks rent their converted garage or other “Accessory Building” as a short term rental? Under Item 41b and 42 the answer will be yes, as long as the building does not have a history of being rented for the long term.

There is just one problem with this compromise regarding Accessory Buildings: the new definition of kitchen says a kitchen is not a kitchen if the refrigerator is small! A kitchen would now be defined as “A habitable space used for preparation of food that contains at least a sink, a refrigerator of no less than 10 cubic feet, and either a cooktop and an oven, or a range.This leads to the questions: if you can put a full kitchen in your garage, then why would we allow it to be a vacation rental but not a permanent home at a time when we need housing? If you put a kitchen in your garage, will it be safe for short or long-term renters? BTU has always said we are fine with folks renting their garage as a short term rental if it does not have a kitchen, and thus could not be used for long-term housing.

Short Term Rentals Enforcement

Last summer the Council also directed staff to take action to enforce the existing ban on rentals of less than 14 days if an owner had more than three units listed for the short term. BTU worked with Councilmember Worthington’s office to provide information about several such owners. So far we have not heard of any action taken. Also last summer, the staff from Berkeley put out an RFP and decided to hire a private firm called Host Compliance to enforce the new rules. The firm also contracts with Oakland, Napa, Los Angeles, Denver, Toronto and many other cities, according to their website.
The Rent Board’s recommendations to Council also include language to make enforcement of the new law more effective.

Council Items 41a, 41b and 42 Concern Vacation Rentals
http://www.cityofberkeley.info/Clerk/City_Council/2017/01_Jan/City_Council__01-24-2017_-_Regular_Meeting_Agenda.aspx

Rent Board Gives Advice
The Board is requesting that Council consider proposed revisions to language in the definition of Short-Term Rental (23C.22030 –D) and Host Residence (23C.22030 –D).  I addition, we believe there should be a definition for Long-Term Rental and have provided possible language.  The Board also recommended that Council adopt enforcement language similar to the City of San Francisco to prevent hosting platforms from ignoring local regulations.”
RSB to Council: rent-board-strs-2017
Harr / Simon-Weisberg Proposal: harr-simonweisberg-strs-2017
Soto-Vigil Proposal: soto-vigil-strs-2017

Previous City Council Vote
http://www.berkeleyside.com/2016/07/11/berkeley-council-votes-to-crack-down-on-short-term-rentals-of-multiple-units-by-same-owner/

The Company Berkeley Hired To Do Enforcement
https://hostcompliance.com/

“The AirBnB Police”
http://money.cnn.com/2016/10/01/technology/airbnb-police

Oakland Still Working on STRs
http://www.eastbaytimes.com/2017/01/16/oakland-airbnb-issue-highlights-citys-gentrification-fears/

In Other News

Student Groups Support Harrison in District 4
“We have an opportunity in Berkeley today to lead the way on progressive solutions to our nation’s challenges and ensure that the legacy we leave for those who follow in our paths is an equitable, sustainable, affordable and livable community for years to come. Kate will bring the lessons she has learned from her work as a consultant on the global stage to keep our city welcoming and inclusive and make it an even better place to call home.”
http://www.dailycal.org/2017/01/20/students-support-kate-harrison-district-4-city-council-special-election/

SF Tenant Gets $400,000
A San Francisco woman was forced out of her home when she was hit with a 400 percent rent increase in 2015. The renter’s attorney announced Tuesday that his client had won a $400,000 settlement in her lawsuit alleging an unlawful eviction.”
http://abc7news.com/realestate/san-francisco-renter-wins-$400000-settlement-/1707689/

Warehouse Item Being Developed in Berkeley
http://www.cityofberkeley.info/uploadedFiles/Rent_Stabilization_Board/Level_3_-_General/CTTE_17%20Jan%2013_4x4%20Ad%20Hoc%20Committee%20agenda(1).pdf

Artists Not to Blame
http://fusion.net/story/373688/dont-blame-artists-bay-area-oakland-ghost-ship-housing/

Permits Bureaucracy Drives Events Underground
“Everything about the permitting system is designed to discourage the type of electronic music events that people want to hold, Keenan said, from dropping off special permit applications at the city’s Eastmont police substation on 73rd Avenue, to the applications themselves that say in block-faced letters: “Dancing is not permitted between 1 a.m. and 9 a.m.”  Plus, permits have to be filed at least 30 days in advance. And, it can also be incredibly costly, he said. Each permit has its own associated fee, and while special event permits are only $50, extended-hour cabaret licenses can run as high as $2,900, according to the city’s master fee schedule. There’s also the added cost of hiring security for the event if the city deems it necessary, and acquiring insurance, which is also required.”
http://www.eastbaytimes.com/2016/12/09/musicians-artists-costly-permitting-system-forces-events-underground/

Oakland Tries to Shut Down Legit Activist Space
David Keenan is a BTU Member.
Omni founding member David Keenan said the experience calls into question public statements from Mayor Libby Schaaf that city officials would not be conducting a “witch hunt” and would be using “compassion” in their handling of fire and code enforcement complaints. Those types of complaints spiked in the two weeks after the deadly Ghost Ship warehouse fire in Oakland’s Fruitvale neighborhood earlier this month.”
http://www.eastbaytimes.com/2016/12/28/omni-commons-experience-highlights-oaklands-heavy-handed-approach-for-artist-spaces/

 

sunsetBTU is proud to be a sponsor of the Housing Teach-In on Sunday November 22nd.

Berkeley’s Housing Crisis – WHAT CAN WE DO ABOUT IT?
SUNDAY, NOVEMBER 22, 2015 from 2:00 – 4:30 P.M.
2133 UNIVERSITY AVE (Next to Ace Hardware)

Facilitator:
Paola Laverde, Berkeley Rent Stabilization Board Commissioner

Speakers:
Stephen Barton, Ph.D., Former Director of the Housing Department and Deputy Director of the Rent Stabilization Program in Berkeley
Moni Law, Affordable Housing Activist
Rick Lewis, Executive Director, Bay Area Community Land Trust and former Housing Advisory Commission Member
Austin Pritzkat, President, Berkeley Student Cooperative
Katherine Harr, Berkeley Tenants Union

Berkeley faces a housing crisis. Rents are soaring and home prices are out of reach for most of us. The city is an increasingly unaffordable place for low and moderate income households and for students, which is threatening the city’s valued diversity.

A City of Berkeley study found that in 2014 the average rent for a two bedroom apartment in a new building was $3434 a month. Older rent controlled housing has also gotten more expensive. The rent for new tenants in two bedroom apartments increased by 32% between 2011 and 2014.

Panelists will address:

  • What are the dimensions of this crisis and what can we do about it?
  • What could our local elected officials do to address this crisis?
  • How do we prevent displacement?
  • How could the City generate more revenue for the Housing Trust Fund to fund affordable housing construction and acquisition?

Ideas will include increasing the business license fee on large landlords, increasing fees for affordable units required in new for-profit housing, using new revenue sources such as the proposed tax on short-term rentals, and allowing more small housing on existing lots.

TEACH-IN
Sponsored by the Ad Hoc Committee for a Progressive Berkeley with support from the Sustainable Berkeley Coalition, the Berkeley Tenants Union, CalPIRG, and Berkeley Citizens Action.

The 2014 Rent Board Slate: (left to right) John Selawsky, Paola LaVerde, Katherine Harr, and James Chang. Not pictured: Jesse Townley
The 2014 Rent Board Slate: (left to right) John Selawsky, Paola LaVerde, Katherine Harr, and James Chang. Not pictured: Jesse Townley

The Berkeley Tenant Convention on Sunday July 13 chose the five candidates most Highly Recommended by the Berkeley Tenants Union screener: incumbents Jesse Townley and Katherine Harr, former School Board Director John Selawsky, and first-time candidates Paola LaVerde and James Chang. Selawsky, Harr, and Chang all serve on the BTU steering committee.

Daily Californian Celebrates Student Candidate
“I’m talking about fighting for the soul of Berkeley,” Chang said at the convention. “In Berkeley, student issues are community issues, and community issues are student issues.” http://www.dailycal.org/2014/07/13/pro-tenant-slate-chosen-berkeley-rent-board-race/

More Information on the Convention:
http://berkeleytenantsconvention.net/

In Other News

Berkeley City Council Passes NAACP Recommendations
“Ultimately, these measures will not be enough. They are a set of steps to stop the bleeding of lower-income residents from Berkeley, many of whom are people of color. But in the long run, the only effective way to combat gentrification is through the strict application of rent control.”
http://www.dailycal.org/2014/07/14/berkeley-housing-vote-step-right-direction-miles-still-go/

No Rent Control? No Security Against Displacement!
When one unit in the predominantly artist-occupied complex was put on the market a couple months ago, an attorney who had her eye on the space offered to pay $2,650, or $300 above the rental listing price. The landlord, one of the original developers of the complex in 1990, accepted the offer. Wells’ landlord, who had recently inherited the property, got word of the unprecedented demand, and notified her that her rent would be raised as well, from $2,200 to $2,650 — a 20 percent increase — effective in September. Wells, and another tenant whose rent was also increased, have no choice but to leave.”
http://www.berkeleyside.com/2014/07/03/is-the-tech-boom-putting-pressure-on-berkeley-rents/

No Dogs Allowed
“Rental search startup Lovely reports that just 17 percent of the rental apartments on their site specifically indicate that dogs are accepted, compared with 40 percent in Los Angeles and 48 percent in Chicago.”
http://www.sfgate.com/bayarea/article/Pet-owners-struggle-as-fewer-S-F-landlords-allow-5603191.php

Demolition Evictions in SF up 300%
“…evictions for things like owner move-ins, demolitions and withdrawal of units from the rental market rose dramatically last year to 673.”
http://sanfrancisco.cbslocal.com/2014/03/24/rent-board-report-san-francisco-demolition-evictions-up-300-percent/

billEllis Act Update

Mark Leno’s Ellis Act reform bill (SB1439) was amended so only San Francisco tenants will be protected if the law passes. Yet tenants all over California are rallying to support long-time renters who face a dire situation in San Francisco, so the bill passed the state Senate and is now in the Assembly. It goes to the Housing and Community Development Committee on Wednesday.

The Berkeley Rent Board voted in March to ask Loni Hancock and Nancy Skinner to work to amend the bill so it  protects East Bay renters. The Board will get an update from the legislative advocates on Monday June 16 on this and other state legislation.

There were no Ellis evictions filed in Berkeley from 2011 through 2013. The Rent Board gives a report once a year, but tenant advocates have told the Tenants Union that there are many renters in Berkeley threatened with Ellis evictions. When tenants leave without an official eviction, there is no statistical record.

http://www.sfgate.com/realestate/article/S-F-Ellis-Act-reform-bill-passes-in-state-Senate-5514880.php

http://www.thebolditalic.com/articles/5123-woohoo-ellis-act-reform-bill-passes-in-state-senate

Amended “Squatters Bill” Remains Threat to Renters

A bill in the state assembly intended to allow cities to evict squatters without going through a full eviction process in court could put any tenant without a written lease at risk of losing her or his access to the justice system. BTU worked to discourage our representatives in Sacramento to support the bill.

Recently, AB1513 was amended to only cover a couple places in Southern California, but if it is made law, it could set a dangerous precedent to allow the police to remove renters without the owner going to court. 

http://beyondchron.org/szetso-piece-ab-1513-update/

Berkeley Supports Renters Tax Assistance 

On June 3, Berkeley City Council approved a recommendation from the Housing Advisory Commission to support AB 2175 (Daly). The bill calls for restoration and expansion of State Tax Assistance to Renters, particularly seniors, the disabled, and low-income folks. Council voted to send letters to State Senator Hancock, Assembly member Skinner, and Governor Brown to communicate the City of Berkeley’s support for AB 2175. 

The Rent Board also voted in March to go on record supporting the bill, and will get an update on Monday June 16 from the legislative advocate.

Expanding Seismic Retrofit Requirements to Other Types of Buildings

In March, the Rent Board also voted to advise the City Council to review AB 2181, which would authorize cities to implement retrofit requirements on non-ductile concrete residential buildings by adding those structures to existing law regarding soft story buildings.