BPOA spent $1 Million - and lost!
BPOA spent $1 Million – and lost!

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.

ProTenant Slate Wins Rent Board, Removes Landlord Incumbent
The 2016 Berkeley Tenant Convention, hosted by a coalition of Berkeley political groups and attended by nearly 400 Berkeley residents, selected the four CALI Slate members from nine potential candidates.”
http://www.dailycal.org/2016/11/09/cali-slate-sweeps-open-seats-berkeley-rent-board/

Victories for Affordable Housing, Tenants Rights
Berkeley citizens voted to pass Measure U1 on Tuesday with 74.06 percent…Berkeley voters passed Measure AA on Tuesday with 72.29 percent of the vote as of press time, which will place more regulations on owner move-in evictions.”
http://www.dailycal.org/2016/11/09/city-measures-t1-u1-v1-w1-x1-y1-z1-aa-pass-measures-bb-cc-dd-fail/

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/ 

Not Everybody Got Rent Control
Voters in Alameda, Berkeley, Oakland, Mountain View, Palo Alto and Richmond supported some form of rent stabilization or eviction protection legislation while only Burlingame and San Mateo favored a “no” decision.”
http://www.nbcbayarea.com/news/local/Alameda-County-Voters-OK-Rent-Control-Housing-Measures-400516081.html

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/

Oakland Gets What Berkeley Has: Details on Renters Upgrade
https://oaklandnorth.net/2016/10/28/oakland-residents-to-vote-on-rent-control-initiative-this-november/

Mountain View Gets Eviction Protections Too
http://www.mv-voice.com/news/2016/11/15/fearing-evictions-city-backs-immediate-tenant-protections

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/

National: Senator Boxer Leads Charge to Make Popular Vote Count
http://www.nbcbayarea.com/news/politics/Senator-Boxer-to-Introduce-Bill-to-Eliminate-Electoral-College–401314945.html

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

Pages-from-2013-12-03-Item-29-City-Council-RedistrictingWITH-MAPSCalling all tenants! Save fair elections and stop gerrymandering in Berkeley!

Come out on Saturday at 10:30 AM for the kickoff of the redistricting referendum. Folks who care about giving all voters a voice in Berkeley should come pick up petitions tomorrow – we have 30 days to gather 5,275 signatures!

The Council majority have approved a redistricting plan under the guise of creating a student district – but the district would only include students on the south side of campus, and cut the student co-ops from District 7, placing these progressive voters in the homeowner-dominated District 6. It seems that the vote may have been timed such that signatures must be collected while students, and practically everyone else in Berkeley, are traveling or in bed with the flu.

Tenants must show strong tenant support for the Berkeley Referendum Coalition, which includes the only two tenant Council members – the only Council folks who work closely with BTU to represent your concerns!

Worthington’s re-election may be at stake.

WHEN: Saturday, December 21, 2013, 10:30 AM
WHAT: Kick-Off and Press Conference: Berkeley Redistricting Referendum
WHO: Council members Jesse Arreguin and Kriss Worthington; neighborhood leaders, progressive activists and students
WHERE: Outside Mudrakers Cafe, 2801 Telegraph Avenue, Berkeley 

Berkeley Referendum Coalition press release:

FOR IMMEDIATE RELEASE
December 19, 2013

CONTACTS:
Jesse Arreguin: 510-717-2910
Alejandro Soto-Vigil : 510-610-0466
Lisa Stephens: 510-575-2068
Kriss Worthington: 510-548-879
Matthew Lewis: 310-869-8250 

A diverse coalition of Berkeley residents including neighborhood leaders, progressives and students will kick off a month-long signature drive this Saturday to stop the City Council’s controversial redistricting ordinance from going forward.

On Tuesday, December 17th, a divided Berkeley City Council on a 6-3 vote adopted a redistricting plan that will shape the composition of the Council for the next ten years.

Just like we have seen in Texas and throughout the country in which redistricting has been used for partisan political purposes, Berkeley’s City Council has adopted a controversial plan that not only divides neighborhoods but also gerrymanders out students and progressive voters who live north of the UC Berkeley campus. The Council rejected an alternative plan that (the United Student District Amendment) united students and kept neighborhoods together.

The Council could have chosen the plan that was more fair and inclusive, but instead adopted a partisan plan explicitly designed to minimize progressive voices on the Council. The Council also ignored other redistricting plans that were more balanced including the plan submitted by the Berkeley Neighborhoods Council.

Redistricting has been before the Council for the last three years. In early 2012 the Council voted to delay redistricting for one year, which disenfranchised over 4,000 people, keeping them from voting for the City Councilmember who would ultimately represent them. In November 2012 Berkeley voters approved changes to the Charter around redistricting which gave Council total flexibility to draw new boundaries. Prior to Measure R, the Council could only make minor adjustments to pre-existing boundaries that were adopted by voters in 1986. Unfortunately the Council has abused this new power, creating an unfair map.

Proponents of the redistricting referendum have 30 days to gather 5,275 signatures to stop the ordinance from going into effect. If we are successful the Council will have to reconsider the ordinance or put it on the ballot. The Berkeley Referendum Coalition is working over this holiday season to gather signatures so that the City Council can reconsider its decision and do the right thing – come up with a fair and inclusive plan that unites neighborhoods, students and the entire community.

Fun fact: In 1812, the word “gerrymandering” was created in response to Massachusetts governor Elbridge Gerry’s redrawing of state senate districts to favor the Democratic-Republican Party.

Berkeleyside: Berkeley Redistricting Map Splits Council, Community
Some officials and community members testified that the council should reconsider its previous vote and, instead, approve Elgstrand’s USDA map. Supporters of this map said it does a better job protecting the progressive voice and keeping neighborhood groups like Halcyon and Le Conte together. Some questioned the legitimacy of the public process surrounding the BSDC map.”
http://www.berkeleyside.com/2013/12/18/berkeley-redistricting-map-splits-council-community/

KTVU:
Worthington, who represents District 7, said Wednesday that he, Arreguin and Anderson favored an alternative plan called the United Student District Amendment (USDA) that proposed that college-age students comprise 90 percent of the district.”
http://www.ktvu.com/news/news/local-govt-politics/berkeley-redistricting-plan-approved/ncB9y/

Daily Planet:
The BSD plan district covers mainly the south side of campus, dominated by residential fraternities and sororities, and excludes the more progressive co-op residences located north of campus.”
http://www.berkeleydailyplanet.com/issue/2013-11-22/article/41664?headline=Berkeley-City-Council-Adopts-Greek-Dominated-Redistricting-Proposal–

Daily Californian:
The United Student District Amendment, proposed this summer as an improvement to the BSDC plan, includes Northside student cooperatives, as well as the dorms on the northeast side of campus and International House. Both sides want a student district — some hope that new boundaries could put a student on the City Council — but proponents of the USDA plan have called the BSDC map unnecessarily exclusive.”
http://www.dailycal.org/2013/12/18/city-council-passes-redistricting-plan-referendum-may-follow/

City Council December 17, 2013 Item 2, Redistricting:
Ayes: Capitelli, Maio, Moore, Wengraf, Wozniak and Bates.
http://www.ci.berkeley.ca.us/Clerk/City_Council/2013/12Dec/Documents/2013-12-17_Item_02_Ordinance_7320.aspx

City Council December 3 Alternate Proposal Page 30:
2013-12-03 Item 29 City Council RedistrictingWITH MAPS