Tag: Katherine Harr

By Posted on Posted in Issues

BPOA employee says U1 funds being misdirected.
“Tuesday night, they approved an “emergency” ordinance to buy the old Premier Cru building complex on University Avenue for $6.65 million. They want to use the site for future City Council chambers and maybe later, for affordable housing.”
http://www.berkeleyside.com/2017/03/31/opinion-berkeley-done-bait-switch-using-housing-funds-buy-new-council-chambers/

More on Council Item
“It will repay the funds from money generated from excess property taxes and Measure U1, the new business tax on rental properties that voters approved in November. The funds will be repaid with interest, said city spokesman Matthai Chakko.”
http://www.berkeleyside.com/2017/03/27/city-council-set-buy-west-berkeley-building-will-move-meetings/

Council Item Itself
“$4.650 million (70% of the purchase price) from Measure U1 revenue”
http://www.cityofberkeley.info/Clerk/City_Council/2017/03_Mar/Documents/2017-03-28_Item_32_Acquisition_of_Real_Property.aspx

Other News

Rent Board Delays Appointing Commissioner
The Berkeley Rent Stabilization Board honored outgoing Commissioner Harr but decided to delay appointment of a new Commissioner until May. They chose to delay because Commissioner Murphy was absent due to a family emergency.
Here is the report that ranks contenders for the position, including several candidates who did not make the slate at the 2016 Tenant Convention. BTU is not taking a position yet, because most candidates are BTU members, including Stefan Elgstrand, Tim Kingston, and Christine Schwartz.
http://www.cityofberkeley.info/uploadedFiles/Rent_Stabilization_Board/Level_3_-_General/TBD_Candidate%20search%20results%20and%20rec%20memo%20and%20attachment_FINAL.pdf

People’s Park Anniversary as UC Considers Building, Again
April 23 is the anniversary celebration for People’s Park.
“In 1968 the University used eminent domain to evict the residents and demolish all the houses on the block. Apparently they talked of plans to build needed student housing but nothing happened. For a year the empty lot was an eyesore, muddy and strewn with garbage. In April 1969 activists put out a call for people to help create a park. Hundreds came and cleared the ground, planted flowers and trees and built a children’s playground. They created a park, a People’s Park, that still lives today.”
http://www.berkeleydailyplanet.com/issue/2017-03-31/article/45603?headline=Berkeley-s-People-s-Park-is-in-the-news-again–Lydia-Gans

BARF Lawsuit Could End Neighborhood Preservation
The Bay Area Renter’s Federation, (SF BARF) known as a tool for developers and not a tenants group, is suing over a Council decision to deny permits at 1310 Haskell.
“The law states that a city or county cannot deny the approval of a housing project that complies with its general plan and zoning ordinance without substantial evidence that it will negatively impact public health or safety.”
http://www.dailycal.org/2016/10/31/lawsuit-alleges-berkeley-city-council-illegally-revoked-housing-development-permit/

Low Income Tenants Ousted By Oakland Fire
“The residents even obtained a restraining order against the building’s landlord. And, now, their lawyer is calling for an arson investigation.”
http://www.eastbayexpress.com/SevenDays/archives/2017/03/27/landlord-of-west-oakland-building-destroyed-by-fire-was-working-to-evict-tenants

Harsh Laws Drive Artists to Unsafe Warehouses
The father of one artist who died in Oakland’s Ghost Ship Fire is speaking out about how impossible permitting processes and costly complex rules make it impossible for artists and musicians to make their spaces safe and legal and leave those without resources prey to slumlords.
http://www.sfgate.com/bayarea/article/Father-of-a-Ghost-Ship-victims-urges-lawmakers-to-11005032.php

UN Report on Housing as Commodity
“It details the shift in recent years that has seen massive amounts of global capital invested in housing as a commodity, particularly as security for financial instruments that are traded on global markets and as a means of accumulating wealth. As a result, she says, homes are often left empty – even in areas where housing is scarce.”
https://www.theguardian.com/housing-network/2017/feb/28/un-report-lays-bare-the-waste-of-treating-homes-as-commodities

 Report Itself
“This influx of capital has increased housing prices in many cities to levels that most residents cannot afford – in some cities by more than 50% in a 5-year period. Housing prices are no longer commensurate with household income levels, and instead are driven by demand for housing assets among global investors. When housing prices skyrocket, low and sometimes even middle-income residents are forced out of their communities by high rent or mortgage costs. When housing prices plummet, residents face mortgage foreclosure and homelessness.”
http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=21264&LangID=E

By Posted on Posted in Issues

The Berkeley Rent Board will select a new Commissioner to fill the seat vacated when BTU’s Katherine Harr chose to resign for personal reasons. The Board’s timeline is very tight, with written applications due next week, but anyone can apply. The eight sitting Commissioners will hold a special meeting later this month, then form a committee to interview top applicants, and finally select a new Commissioner on March 20. That appointee will complete Harr’s term.

The Berkeley Tenants Union encourages members to apply.

Easy to Apply
“I’m really excited to encourage people to get involved,” Harr said. “Especially students — everybody needs to be represented. … You have to be somebody that believes that collective decisions are better than individual decisions. You’ve got to believe … that talking about different perspectives leads to a better conclusion.”
http://www.dailycal.org/2017/02/15/berkeley-rent-board-seeks-new-commissioner-resignation-katherine-harr/

Applications Due February 22nd
“The board is expected to appoint someone at its March 20 meeting to serve for the remainder of Harr’s term. Applicants must be registered Berkeley voters and must submit a letter of 500 words or less detailing their background and why they wish to serve on the board.”
http://www.eastbaytimes.com/2017/02/14/berkeley-rent-board-commissioner-harr-resigns/

How To Apply
“In addition to the 500-word statement about their candidacy, all applications must include the candidate’s full legal name, current living address (post office boxes will not be accepted), telephone and other contact numbers. The applications may be mailed or dropped off at the Rent Board offices at 2125 Milvia St., Berkeley 94704, to the attention of Jen Fabish. Applicants can also email Fabish at jfabish@cityofberkeley.info. All applications are public documents.”
http://www.berkeleyside.com/2017/02/16/berkeley-rent-board-seeks-applicants-vacant-seat/

Rent Board Announcement
filling Bd vacancy (2-6-17)

By Posted on Posted in Issues

Videos From the November 22 Housing Teach-In:
https://www.youtube.com/playlist?list=PLS2O9Gttsg5cwvAjJi-VMccKBLLu3-Iun

teach-In

Media Estimates 180-plus Attended Teach-In November 22

“Audience members lined the walls, balcony and sat on the floor for the “teach-in,” organized by the Ad Hoc Committee for a Progressive Berkeley in conjunction with eight other advocacy and tenants’ rights organizations.”
http://www.berkeleyside.com/2015/11/24/20k-a-month-for-berkeley-house-skyrocketing-rental-prices-draw-crowd-to-housing-affordability-teach-in/comment-page-1/

“Among the ideas discussed, Stephen Barton, panelist and former deputy director of the city’s Rent Stabilization Program, proposed an affordable housing tax that taps into the excess profits landlords receive from rent. Revenue from the tax would be used to aid the development of below-market-price housing.”
http://www.dailycal.org/2015/11/23/community-members-meet-affordable-housing-teach/

“Areas included housing for teachers and firefighters; those sleeping in doorways; workers who can’t pay escalating rents; seniors whose fixed income is less than even small rent increases allowed under rent control; students stuffed five or more into two-bedroom apartments; and very low income tenants with federal housing vouchers that no local landlord will accept.”
http://www.insidebayarea.com/breaking-news/ci_29160259/berkeley-panel-urges-community-activism-address-housing-crisis

“The city is an increasingly unaffordable place for low- and moderate-income households and for students, which is threatening the city’s valued diversity,” according to the Berkeley Progressive Alliance, which is sponsoring the event. Co-sponsors include Sustainable Berkeley Coalition, Berkeley Citizens Action, Berkeley Tenants Union, California Public Interest Research Group (CALPIRG), the Berkeley NAACP, Black Student Union of Berkeley City College and the Better Berkeley Working Group.There will be a panel composed of former Berkeley Housing Director Stephen Barton; affordable housing activist Moni Law; Rick Lewis, executive director at Bay Area Community Land Trust; Berkeley Student Cooperative President Austin Pritzkat; and Katherine Harr of the Berkeley Tenants Union.”
http://www.contracostatimes.com/breaking-news/ci_29145519/berkeley-affordable-housing-teach-explore-solutions-skyrocketing-rents

A Similar Message at City-Sponsored Panel
“Christina Murphy, with the Friends of Adeline Corridor, spoke from the audience, saying in her work as housing case manager at the Berkeley Drop-in Center, she sees a growing number of seniors and people working three jobs without housing.” People going to Cal live in their cars,” she said, arguing the solution is a windfall profit tax on landlords, a proposal the city council will address.” People are building in our town and not putting in the money they should,” she said.”
http://www.contracostatimes.com/bay-area-news/ci_29124916/berkeley-few-prospects-affordable-housing-panel-says

Public Finds City-Sponsored Panel Lacking Solutions
“No mechanism was described whereby the people would gain a seat at the planning tables, at which they could actually shape the course of things to come. But still, it was called “participation.” The issues involved, from the neighborhood’s perspective, in these prior meetings, were clear. Affordable housing, no dislocation, no evictions; at several meetings, that was summed up as a call for a moratorium on market rate housing until the need for affordable had been satisfied. Somehow, none of that appeared in this A-H 101 session.”
http://www.berkeleydailyplanet.com/issue/2015-11-20/article/43940?headline=State-of-Emergency-101—Steve-Martinot

Broken Elevator Illustrates Need for Code Enforcement
The elevator at Acton Courtyard – owned by Equity Residential and exempt from the Rent Ordinance because it is recent construction – was broken for 14 days, despite Berkeley codes which require repair within 24 hours. Disabled residents were trapped in their homes or unable to access their units.
Changes to Berkeley’s code enforcement will be discussed at Council December 1.
http://www.berkeleyside.com/2015/11/24/broken-elevator-strands-disabled-berkeley-tenants/comment-page-1/

No Place for Students
The UC system is adding 10,000 students and Mayor Bates says Berkeley might get 4,000 of those. Currently, UCB houses only 8,244 of their 37,581 students. Now, students say a proposed city law regarding Group Living Accomodations will make it harder for student co-ops to provide affordable housing and build community. Meanwhile, private dorms like Casa Cedar and The Berk are charging students $1000-$1400 a month TO SHARE a room.
http://m.eastbayexpress.com/oakland/where-are-students-supposed-to-go/Content?oid=4588970

Oakland to Increase Rent Board Fee
“The city needs to triple the existing fee that funds the program, from $30 to $110 per every rental unit, or it will be unable to enforce its rent adjustment rules and resolve tenant landlord disputes. However, both landlord and tenant advocates are opposing the proposed fee increase, on the grounds that it’s excessive.”
http://www.eastbayexpress.com/oakland/eviction-and-rent-hike-complaints-skyrocket-in-oakland/Content?oid=4580708

Tony Thurmond’s Housing Town Hall
“Some solutions proposed, such as increasing the impact fees levied on building developers, were quite popular among the audience. Acknowledging others that were not, such as adding an annual tax to cable subscriptions to fund affordable housing, Thurmond requested at the onset that the audience members ‘boo quietly’ if they wished to.”
http://www.dailycal.org/2015/11/15/assembly-member-holds-town-hall-on-affordable-housing-shortages-talks-solutions/

SF Mission Home For Sale at Discount
It’s kind of sad that selling your house for only $650K makes the news, but what this woman did for her Mission District community is still cool.
http://sfist.com/2015/11/25/woman_sells_mission_apartment_for_2.php

History Lesson
This good tenant attorney blog gives a little etymology.
http://crowandrose.com/2009/06/they-dont-call-em-landlords-for-nothing-2/

…And the Fun Never Ends
Councilman Arreguin may bring back necessary changes to the demolition ordinance at the December 15 City Council meeting.

By Posted on Posted in Issues

St. John
Leaders of the Berkeley Property Owners Association – including owners of Premium Properties, Shaw Properties, Everest, real estate agent Jon Vicars, legal advocate Michael St. John, and the notorious Lakireddy family – have formed a new political coalition. Is their primary purpose to run candidates for the Rent Board? No. Is it to bring lawsuits like the 2012 libel cases, to scare tenants away from running for election? No. We fully expect them to do those things as well, but the Berkeley Rental Housing Coalition is landlords pooling their money mostly to sue the Rent Board over a $19 increase in the registration fee. It was the first increase of the fee, which funds the Rent Board agency, in six years.

“…She was more concerned that lawsuits funded with PAC money could divert the board from its mission. ‘I think (the landlord’s) interest may be more in the board spending time and money to defend it, thus taking away from our core services.’ ”
http://www.insidebayarea.com/breaking-news/ci_28332932/berkeley-landlords-plan-coalition-challenge-rent-board

CA Supreme Court Upholds San Jose Requirements for Developers – But Inclusionary Housing Ordinance Will Not Apply To Rentals!

The state Supreme Court upheld the right of a city to impose affordable housing requirements on developers of for-sale housing, but let stand the 2009 Palmer decision, which said cities cannot limit the rent a developer can charge for newly built rental units because of the state Costa-Hawkins law. The decision also made it clear that a nexus study is not required because cities do not have to prove that the demand for affordable housing was created by the development of new buildings.

The ruling will impact over 170 local governments with similar inclusionary housing requirements and allow Berkeley to move forward with inclusionary laws. It’s good news for anyone who might scrape it together to buy some “affordable” housing, but bad news for folks who are pretty sure they will be renters for the rest of their lives. The decision again shows the need for tenants to come together statewide to change the Costa-Hawkins law.

“The Court noted that many land use regulations result in a reduction in the market value that a property may command in the absence of regulations and this does not constitute a taking of the diminished value of the property. In this regard, the Court reasoned that the affordable housing requirement was no different than limitations on density, unit size, number of bedrooms, required set-backs, or building heights.”
http://www.jdsupra.com/legalnews/california-supreme-court-upholds-88596/

California Building Industry Association v. San Jose Decision
CA Building Trades Vs San Jose final

Berkeley Student Paper Discusses Inclusionary Case
www.dailycal.org/2015/06/16/california-supreme-court-ruling-sets-precedent-for-inclusionary-housing-in-state/

For More Info on Costa-Hawkins:
“The Costa-Hawkins Act is not only contributing to soaring rent prices, but it’s also creating barriers to new housing construction.”
http://www.eastbayexpress.com/oakland/its-time-to-overturn-the-state-ban-on-rent-control/Content?oid=4229744

Another Tenant Screwed By Costa-Hawkins
http://crowandrose.com/2013/12/another-tenant-screwed-by-costa-hawkins/

Berkeley Tenants send huge hugs to the families of all the young people lost or hurt at Library Gardens.

Faulty Construction Likely Cause of Balcony Collapse
“The horrible structural failure of a 5th floor balcony that killed six and injured seven…has brought to the forefront the issue of safety in the frantic construction of apartment buildings mushrooming the city.”
http://dissidentvoice.org/2015/06/berkeley-structural-tragedy/

Deadly Balcony Collapse Tied to Rotted Wooden Beams
http://www.foxnews.com/us/2015/06/17/collapsed-berkeley-balcony-reportedly-not-intended-for-large-group/

A History Of Housing Safety Complaints
“The apartment complex’s housing code violations included holes in walls, trip hazards from damaged floors, loose metal strips in doorways, inoperable ceiling fans in laundry rooms and missing or inoperable exit signs throughout the building. The majority of violations were found during a random September 2013 city inspection of several low-income and affordable housing units in the complex.”
http://www.latimes.com/local/lanow/la-me-ln-berkeley-code-violations-20150619-story.html

Berkeleyside Report On Builder Track Record
“As it turns out, however, there was also a $3.5 million settlement in 2013 in Millbrae related to waterproofing and wood rot. And, that same year, Trestle Glen Associates, in Colma, filed a breach of contract lawsuit, still underway, against Segue related to ‘water intrusion causing tangible property damage.’ ”
http://www.berkeleyside.com/2015/06/17/firm-that-built-berkeley-complex-has-been-fined-sued/

Builder Under Scrutiny BEFORE Balcony Collapse
“The building has been the subject of numerous complaints, both through the city and online. The most recent official complaint, submitted in February to the Berkeley Rent Board, listed missing or broken stairwell lights, missing handrails on stairwells, holes in the walls of public spaces, expired fire extinguishers, and peeling floor material that posed a tripping hazard.”
http://www.berkeleyside.com/2015/06/17/berkeley-building-under-scrutiny-before-balcony-collapse/

Protest Calls For Investigation, Halt for New Construction
A group of concerned citizens has called for a moratorium on new building construction in Berkeley until the tragedy at Library Gardens can be analyzed. The Berkeley Daily Planet posted an editorial with a similar suggestion.

Protesters’ Letter to Council Linked Here
http://www.berkeleyside.com/2015/06/19/protesters-demand-a-halt-on-new-construction-in-berkeley/

Daily Planet Suggests Pause for Building Approvals
http://berkeleydailyplanet.com/issue/2015-06-12/article/43421?headline=Ask-Council-to-Analyse-Problems-Before-Scheduling-New-Construction–

By Posted on Posted in Actions
2401 Warring
2401 Warring

We at the Berkeley Tenants Union need your support on Tuesday, December 9 at the City Council meeting.

First, Council are considering a suggestion to tax the benefits of rent control on any long time tenant the government decides is earning a living wage. (Item 17)

Also, BTU members have appealed a dangerous decision by the Zoning Board which would set bad precedent and put over 4,000 units in Berkeley at risk. (Item 39)

Both items are expected to be near the beginning of the meeting, as early as 7:30 PM. Council meetings take place in Old City Hall, 2134 Martin Luther King Jr. Way.

2401 Warring Street Appeal by Harr and Stephens

This is the latest in a series of disputes BTU has fought at the Zoning Board – at the core is the interpretation of the Demolition Ordinance. In this case, a huge building on Warring near Channing has been under rent control for many years because it was used as a boarding house. Now, a new owner has removed all the renters and wants to turn it into a triplex. Rent Board staff and the owner appeared at the Zoning Board in the summertime. BTU was there as well. Everyone – even the owner Nathan George – seemed to agree that it was fair that one of the triplex units would be new construction because the owner is adding a lot of space, but that the other two units needed to stay under rent control.

Yet when the decision was written up by the staff from the Planning department, they chose to word the agreement in a way that would be legally unenforceable. This can get complex, but the gist of it is that Planning wants to give the building a new certificate of occupancy, and state law Costa Hawkins says a new COO means no rent control.

This is not what the Zoning Board intended. So BTU members Katherine Harr and Lisa Stephens filed an appeal.

Once again, the City Attorney is saying the units are empty and therefore not rent controlled units under the Demolition Ordinance. This means any building where the landlord can get the tenants out could easily be torn down with no mitigations for the loss of rent controlled housing.

The City is also saying that although Planning was aware that the building was a boarding house, it was not licensed to be one. This opens up over 4,000 units that have rent control but are not in Planning records as “permitted units” to lose rent control because they, too, could get a new certificate of occupancy.

Means Testing

Yes, you heard us right: the Housing Advisory Commission has asked Council to begin the process of means testing rent controlled tenants. Item 17 on the City Council agenda for Tuesday is the first step toward a plan by certain bitter property owners and the Council majority to tax middle income renters on their low rents.

“One approach we believe should be explored is to determine if some of the long term tenants in Berkeley’s rent controlled housing have been enjoying low rents while their incomes have been rising,” they wrote. There are many disturbing things about the proposal: the underlying assumption that rent control is a charity program and only the very poor deserve housing stability; the invasive nature of the proposal wherein longer term renters would be forced to disclose their income while owners do not have to do so; and the idea that measuring only income and rent would give the government any idea who can afford to pay more for housing, without considering medical bills, student tuition or student loans, number of dependents or other factors.

While BTU is pretty sure portions of the plan are actually illegal, and we expect the Rent Board will work to educate Council on that aspect, we need renters to stand together to show that local efforts to whittle away tenant protections and pit lower income folks against teachers, firefighters and small business owners making mid-range salaries will not be tolerated. Means testing would make Berkeley a city of just the very rich and very poor – just what rent stabilization was designed to prevent!

This type of proposal would never have been considered in the progressive Berkeley of the past and is clearly retaliation against tenants for supporting the “Robin Hood” ballot measures to tax owners of multiple rental units on their profits under vacancy decontrol.

JOIN US TUESDAY at CITY COUNCIL – items are early on the agenda

RSVP to info at berkeley tenants dot org to learn the plan!

Council Item 17
http://www.ci.berkeley.ca.us/Clerk/City_Council/2014/12_Dec/City_Council__12-09-2014_-_Regular_Meeting_Agenda.aspx

Warring Street Appeal

Council Item 23
http://www.ci.berkeley.ca.us/Clerk/City_Council/2014/12_Dec/City_Council__12-09-2014_-_Regular_Meeting_Agenda.aspx

By Posted on Posted in Actions
BTU at the Farmers Market
BTU at the Farmers Market

Saturday May 10 will be the last day to sign the citizens initiatives from the Robin Hood Committee at the Berkeley Tenants Union table at the Center Street Farmers Market.

The Windfall Profits Tax on High Rents will increase the business license tax on landlord investors and speculators by 1.9% – the ballot measure will not raise the tax on single family homes, duplexes, and landlords who live in the building and own less than ten units. The increase will not apply to units rented under Section 8 and the measure would eliminate the existing tax on rents from long-term rent-controlled units. This is a tax designed to capture a small portion of the $100 Million a Year in excess profits that investors take from Berkeley renters, and put that 1.9% to use for our most vulnerable citizens.

The Affordable Housing measure addresses the top concern on the recent Community Survey: Berkeley needs to build more affordable housing. This companion measure takes $3.5 million of the Windfall Profits Tax and dedicates it to the Housing Trust Fund. The fund is used by the city, housing developers like Satellite and RCD, limited equity co-ops and student co-ops. The portion of the money from the Windfall Profits Tax dedicated to affordable housing is expect to generate 40 units of Affordable Housing a year for Berkeley.

The Robin Hood measures have been endorsed by BTU Steering, as well as The Green Party of Alameda County, Berkeley Citizen Action (BCA), East Bay Housing Organizations (EBHO), Satellite Affordable Housing, Resources for Community Development (RCD), Bay Area Community Land Trust (BACLT), Democratic Socialists of America, Council Members Jesse Arreguin, Kriss Worthington and Max Anderson, Rent Board Chair Lisa Stephens, Vice Chair Harr, Rent Board Commissioners Soto-Vigil, Webster, Shelton, Blake, Dodsworth and Townley, Housing Advisory Commissioners Darrow and Tregub, former School Board leader John T. Selawsky and many more.

Full text of the measures: http://www.fundaffordablehousing.org/

Transfer of wealth from tenants to investors: https://www.cityofberkeley.info/uploadedFiles/Rent_Stabilization_Board/Level_3_-_General/Economic%20Effects%20of%20Rent%20Stabilization%20in%20Berkeley_Cleancopy.pdf