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 Community Power Slate sponsors a Yes on 10 forum:
SUNDAY OCTOBER 21 – 3 PM South Berkeley Senior Center 2939 Ellis Street at Ashby
Community Power Slate
Elect a Pro-Tenant Rent Board in Berkeley
For over a quarter century, Berkeley progressives have come together to choose a consensus slate for the Rent Board. This spring, the Berkeley Tenant Convention chose local leaders John Selawsky (formerly on the School Board) and Paola Laverde, currently the Rent Board’s Vice Chair and an outspoken advocate for Yes on Prop 10. Also on the Community Power Slate for Berkeley Rent Board are James Chang, UCB junior Soli Alpert, and Maria Poblet, a founder of Causa Justa Oakland.
Berkeley City Council
BTU endorsed Kate Harrison (District 4: Downtown) and Igor Tregub (District 1: Fourth Street, North Berkeley BART). Igor used to be on the Rent Board and has always been a solid advocate for tenants. Kate is the wisest leader in Berkeley, with a lot of behind the scenes experience in San Francisco’s crazier days. She has done amazing work for affordable housing on the City Council in her very short term.
BTU also endorsedRigel Robinson, a newcomer whose website mentions nothing about renters in the housing policy statement. He is currently External Affairs Vice President of the ASUC and will fill the district with the most renters, taking the place of longtime tenant leader Kriss Worthington, who has endorsed Robinson.
“Rigel believes we need to build more housing, for all students, right next to campus, right now. As a City Councilmember, he’ll push for zoning requirements that allow for taller, denser buildings around campus — while fighting for more units that are affordable.” https://rigelrobinson.com/
Finally, BTU endorsedMary Kay Laceyfor District 8. Lacey will fight for renters in the district which has been represented by Lori Droste, who repeatedly voted to eliminate rent controlled units through demolitions and conversions to Air BnB. Lacey became known for her work on the Task Force to Save Alta Bates hospital.
“Protect against displacement by building targeted affordable housing for students, working families and those facing eviction… I am also fully committed to the Pathways Project and a ‘housing first’ solution to our homelessness crisis.” https://lacey2018.com/issues/
BTU-Endorsed Candidates:
State Assembly: Jovanka Beckles
Rent Board: Soli Alpert, James Chang, Paola Laverde, Maria Poblet, John Selawsky (Community Power Slate)
Council District 1: Igor Tregub
Council District 4: Kate Harrison
Council District 7: Rigel Robisnon
Council District 8: Mary Kay Lacey
BTU-Endorsed Housing Measures:
Prop 10 (Costa-Hawkins Repeal): YES!
Measure O (Affordable Housing Bond): Yes
Measure P (Transfer Tax for Homeless Services): Yes
Measure Q (Rent Board Amendments): No Endorsement
Prop 1 (Affordable Housing Bond): Yes
Prop 2 (Homeless Prevention Bond): Yes
Prop 5 (Property Tax Break): No
Now, The Good News
At their 10th anniversary celebration, the statewide renters group Tenants Together chose to honor Berkeley’s own Julia Cato, who has worked hard with several groups – including BTU – to make sure the voices of seniors and tenants are heard by the folks who represent us.
Tenants Together also has a counselor trainingcoming up. I don’t think anyone does counseling for BTU since I left, so someone really should try to get the program up and running again! Tenants could use a peer advocate to help them navigate the bureaucracies that govern, even if California does get some better laws this election day!
More Worried About Trump than Lakireddy?
Get Involved on the National Level!
The Right to the City Alliance / Homes For All held their second national Renter Power Assembly this summer, with over 100 tenant groups coming together from all over the United States. Start by joining their mailing list to give renters a unified voice on national housing policy!
“If the housing crisis has been slow to register at the level of national politics, it’s not for lack of momentum at the grassroots. There is no major city in the United States today without a multitude of tenants’ rights groups, and “gentrification” has, in the span of a decade, crossed from left-wing academic journals into everyday language. From coast to coast, a loosely organized, intersectional, and bottom-up movement is coalescing around housing justice—the idea that housing is inextricable from a range of other issues like racial justice, poverty, the environment, immigration, and the rights of the formerly incarcerated.” https://righttothecity.org/
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 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.”
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/
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/
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/
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/
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
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
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.
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
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/
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/
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.
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/
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/
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/
It’s a funny thing law makers have to deal with: the people! Anything approved by the voters can only be changed by the voters. We out-rank the City Council, the Rent Board, even the state legislature. However, this also ties the hands of elected officials.
That is why Measure AA on the November 8th ballot in Berkeley is a much-needed fix. In November 2000, voters approved relocation funds and eviction protections for elderly and disabled tenants when Berkeley experienced the first big wave of owner-move-in evictions (OMI). But now the only way to update the 16-year-old relocation amounts is to go to the ballot box with Measure AA.
The Good News?
The City Council just raised the relocation funds for tenants thrown out for the other common no-fault eviction, the Ellis Act. Eviction restrictions and relocation funds for the Ellis Act were not decided by the voters, so City Council was permitted to update Ellis relocation assistance following a request by the Rent Board.
Berkeley Measure AA
“Measure AA is endorsed by many different groups, because it supports education, preserves diversity, and by slowing displacement it also helps the environment.” http://www.berkeleymeasureaa.org/
In Other News
Election Complaint Against Measure DD A UC student association filed a complaint to the California Fair Political Practices Commission regarding campaign law violations by the landlord group “Committee for Real Affordable Housing Yes on Measure DD, No on Measure U1, Sponsored By Berkeley Property Owners Association.”
According to the press release, the list of violations “…includes multiple advertisements and literature that does not include the mandatory disclosure requirements. In one case, a mailed document was sent without proper disclosure, and was deceptively designed to look like an official government document.” pressreleasereaffordablehousingproponentsslambiglandlordsoncampaignviolations
