Tag: owner move-in

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Measure U1 Debate Continued
The Berkeley City Council carried items about spending Measure U1 money to their July 25 meeting. See Items 48, 50 and 51 on that agenda.
http://www.ci.berkeley.ca.us/Clerk/City_Council/City_Council__Agenda_Index.aspx

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.

“He said the city needs to fight the ravages of gentrification, strengthen defenses against eviction of tenants, work to eliminate the state Costa-Hawkins Rental Housing Act, and do more to protect undocumented immigrants from deportation.”
http://www.eastbaytimes.com/2017/07/11/mayors-address-cites-berkeleys-disparities-role-in-national-politics/

“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

Op Ed on Berkeley Development Policies
“It is not true that asking developers to pay higher fees will kill their incentive to build. Just look at all the cranes out there.”
http://www.berkeleyside.com/2017/06/13/opinion-berkeley-needs-new-housing-policy-works-many-not-just/

New York Times on Berkeley Housing Crisis
The New York paper interviewed Mayor Arreguin.
https://www.nytimes.com/2017/06/15/us/california-today-the-housing-crisis-hits-berkeley.html

Mother Jones Mocks Berkeley Housing Policies
http://www.motherjones.com/environment/2017/06/climate-change-housing-berkeley/

In Other Places 

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.”

The study also shows the environmental impacts of the housing emergency.
”Those who did leave the county saw their one-way commute time increase by an average of 47 minutes and commute cost rise by $390 a month for the main household earner.”
https://almanacnews.com/news/2017/06/22/study-displaced-residents-face-many-other-adverse-effects

 

UC Berkeley Institute of Governmental Studies Displacement Report
http://www.urbandisplacement.org/sites/default/files/images/impacts_of_displacement_in_san_mateo_county.pdf

 

Oakland Wants Berkeley’s Protections
“Jonah Strauss of the Oakland Warehouse Coalition said that the referral of the owner move-in exemption to the rent board is a good move. He said Oakland should adopt strong rules like those in Berkeley, and that if a landlord does carry out an owner move-in eviction they should be required to pay a “substantial” amount to help their tenants relocate.”
https://www.eastbayexpress.com/SevenDays/archives/2017/07/11/oakland-looks-to-close-owner-move-in-and-occupancy-loopholes-reduce-evictions-and-harmful-rent-increases

Fremont Wants Rent Control
“The tenants are really in an unleveraged position,” Bonaccorsi said. “They don’t have equal bargaining power. There is a lot of fear, there is a lot of anxiety, there is a lot of stress, there’s a lot of families that have been displaced.”
http://www.eastbaytimes.com/2017/07/12/fremont-isnt-ready-for-rent-control-council-decides/

San Francisco Wants Vacancy Tax
https://sf.curbed.com/2017/7/12/15961486/sf-tax-landlord-homes-apartments-vacant 

Los Angeles Short Term Rentals Debate
https://patch.com/california/studiocity/airbnb-supporters-flood-city-hall-fight-limits-rentals

Airbnb to Collect Taxes for Puerto Rico
https://www.usnews.com/news/best-states/california/articles/2017-06-22/airbnb-to-collect-room-tax-in-puerto-rico-for-government

Airbnb Still Fighting Paris 
https://www.reuters.com/article/us-airbnb-hotels-reaction-idUSKBN19R2TT

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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/

Councilperson Hahn Calls For Modifications to New Tenant Protections
http://www.dailycal.org/2017/05/31/owner-move-evictions-berkeley-rise-raising-concerns/

New Study Uses Small Sample, Ignores Rent Board Data
http://www.berkeleyside.com/2017/06/01/study-berkeley-8th-highest-rent-bay-area/

Inaccurate Report on High Rents Still Cause For Alarm
http://www.dailycal.org/2017/06/04/berkeley-rated-8th-highest-rent-bay-area/

These Were Sent By Members and Friends:

State Bill on Inclusionary Housing
http://www.ci.berkeley.ca.us/Clerk/City_Council/2017/05_May/Documents/2017-05-30_Item_30_Support_AB_1505.aspx

Awesome Overview of Berkeley Protections
https://www.mynd.co/landlord-journal/property-owners-cheat-sheet-berkeley

Rent Control is Neighborhood Stabilization
http://haasinstitute.berkeley.edu/rent-control-key-neighborhood-stabilization

San Jose Wants Rent Control
https://caanet.org/app/uploads/2016/08/San-Jose-Rent-Control-Guide_Interim-Ordinance.pdf

By Posted on Posted in Issues
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

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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.

Rent Board Ellis Report
http://www.cityofberkeley.info/uploadedFiles/Rent_Stabilization_Board/Level_3_-_General/INFO_Ellis%20Report%20to%20Committee_5-4-16.pdf

City Council Item
http://www.cityofberkeley.info/Clerk/City_Council/2016/10_Oct/Documents/2016-10-18_Item_03_Ordinance_7507.aspx

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

 

Is this a campaign violation?
Is this a campaign violation?

 More on Suspected Campaign Violations
“Stefan Elgstrand, secretary of the Berkeley Tenants Union, said the Berkeley Tenants Union supported the FPPC filing. ‘We want to make sure that these groups that do these deceptive mailings are held accountable,’ Elgstrand said.”
http://www.dailycal.org/2016/10/23/campus-group-files-complaint-measure-dd-campaign-alleged-violations/

More on Measure U1 and Measure DD
http://www.berkeleydailyplanet.com/issue/2016-10-14/article/45005?headline=Measures-U1-and-DD-br-What-s-the-difference—Rob-Wrenn

 

By Posted on Posted in Issues

This is a big election for renters since the housing crisis has morphed into a housing emergency that has seen a record number of Cal students homeless while in school, the rapid displacement of longtime South Berkeley families, and a dramatic increase in both legal but pretextual evictions and general tenant harassment.

BTU shared our ballot measure endorsements meeting with our allies at Berkeley Citizens Action — the full endorsement list for Measures is at the bottom of this post.

screen-shot-2016-10-11-at-4-10-23-pm

Berkeley: More Eviction Protections
So far, Berkeley’s Measure AA has no declared opposition, and is endorsed by the Alameda County Democratic Party, Green Party of Alameda County, Berkeley School Board, East Bay Young Dems, Berkeley Tenants Union and Wellstone Democratic Club.
The measure, put on the ballot by the City Council at the request of the Berkeley Rent Board, delays “no fault” owner-move-in evictions (OMIs) of families with school-age children until end of school year and increases relocation funds. Voters have required landlords in OMIs to provide relocation help of $4,500 to low-income tenants, but not other tenants, since 2000. Measure AA would update this amount to $15,000, and require that it be paid to all tenant households, plus an additional $5,000 for low-income, disabled, age 60 or older, or long-term (since 1998) tenants.
Relocation funds help evicted renters stay in the area, which is good for the community and the environment.

Berkeley v. Big Landlords
Of course, the big news this year is the controversy generated by competing ballot measures based on the failed 2014 volunteer signature drive called Robin Hood. The Daily Planet reported that the Berkeley Property Owners Association has spent over $500,000 – that’s half a million dollars – to stop Measure U1. The Planet says that is the second most money spent in Berkeley history!
The grassroots campaign needs each and every renter in Berkeley to get up to speed and talk to their friends and neighbors – U1 can’t afford to compete with glossy mailers or pay students $15 an hour to hang something on your door! Renters should study up on the differences between U1 and DD and help Berkeley get the most affordable housing!

Who Supports Yes on U1 and No on DD?

The League of Women Voters: Berkeley, Albany, Emeryville
Alameda County Democratic Party, Wellstone, John George
East Bay Housing Organizations, Berkeley Food and Housing Project, BOSS
California Alliance for Retired Americans, ASUC, Berkeley Student Coop, Cal Dems
Sierra Club, Green Party, Greenbelt Alliance
Robert Reich, Chancellor’s Professor of Public Policy
Berkeley Tenants Union, Berkeley Progressive Alliance, Berkeley Citizens Action

 

btu-no-on-u1-e1476232453372

 

Student Leaders Op-Ed – No on Deceptive DD.
http://www.dailycal.org/2016/09/13/conflicting-city-council-measures-seek-confuse-voters/

Alameda County Housing Bond Measure A1
“The Alameda County Board of Supervisors voted to place a $580 million housing bond on the November ballot. This measure is a much needed investment in affordable homes for low-income renters, homeownership, and an Innovation Fund to seek new solutions to our housing crisis. It will require that 20% of the rental housing units be reserved for extremely low-income households at or below 20% Area Median Income, provide homeownership opportunities, and provide support to help keep residents in their homes.”
http://www.berkeleyside.com/2016/07/28/op-ed-confronting-the-causes-and-solutions-of-mass-homelessness/comment-page-1/

More on Measure A1 from East Bay Housing Organizations (EBHO)
http://ebho.org/our-work/alameda-county-housing-bond

More Info
Berkeley AA http://www.BerkeleyMeasureAA.org
Berkeley U1 http://www.fundaffordablehousing.org/
Berkeley DD http://tinyurl.com/dangerousdeception
Alameda A1 http://tinyurl.com/zego9dt

Nice Collection of Many Progressive Endorsements
http://www.berkeleydailyplanet.com/issue/2016-10-07/article/44966?headline=Measures-and-Propositions-Progressive-endorsers–Margot-Smith

Rent Board Endorsements of Ballot Measures
http://www.dailycal.org/2016/09/20/berkeley-rent-stabilization-board-endorses-november-ballot-measures/

BTU / BCA 2016 Endorsements As Voted By Memberships

screen-shot-2016-10-11-at-4-10-58-pm 

 

By Posted on Posted in Issues
More Evictions in West Berkeley
More Evictions in West Berkeley

On Tuesday, the Berkeley City Council will consider a request from the Rent Board to place a measure on the November 2016 ballot to update the Rent Ordinance. Because that law was passed by the voters, it can only be changed at the ballot box. This will be Item 48 on the June 14th agenda.

Update: This Will Be On The November Ballot

Summary of the Changes
The main request is to revise the amount of assistance tenants receive when they lose their homes to an owner move-in eviction (OMI). Berkeley’s relocation funds have not been updated since 2000. The changes would also expand relocation assistance to all tenants; currently only low-income Berkeley tenants get any recompense at all after such no fault evictions. Berkeley is the only rent controlled jurisdiction in California which restricts help by income. Since rents have gone up over 40% in five years, all tenants need help with moving costs and new security deposits.

The other important change to the Rent Ordinance would be to protect families with children from owner move-in evictions during the school year. An owner could still evict a family, but the family would not have to disrupt their children’s education and could wait until the summer to relocate. San Francisco has had such protections for renter families for many years.

OMI evictions in Berkeley doubled between 2013 and 2014.
When Berkeley voters passed “Measure Y” in November 2000, they also voted to have the Rent Board monitor such evictions. Recently, the Rent Board won an important court victory (see https://www.berkeleytenants.org/?p=1386) which upheld the agency’s ability to reset the rent to the previous tenant’s rent-controlled rent when a landlord evicts a tenant but does not actually move in.

The Rent Board reports on owner move-in evictions every six months. The reports show that most owners who evict buy the building and then evict within two years. The reports also show that most “fake” OMIs happen in larger buildings, and that recent OMIs are concentrated west of Sacramento Street. Yet the Rent Board only tracks evictions which follow the law. If tenants leave simply because they are threatened with an OMI, the Rent Board cannot track the eviction or enforce the law. Tenants who accept a buyout also have new protections passed by the City Council a few months ago, but typically waive their rights under the Rent Ordinance for some cash.
Relocation funds would increase to about $15,000 per household.
BTU hopes increasing the relocation payment a landlord is required to give might cut down on false evictions.

Read Item 48 here: RSO Changes Ballot Measure Final
“The law currently requires landlords who evict for the purpose of moving into the rental unit to pay $4,500 only to tenant households who qualify as low income. Tenants who are evicted for owner move in but do not qualify as low income receive nothing. Berkeley is one of the only major rent control jurisdictions in the state that does not provide relocation assistance to all tenants, regardless of income. Also, the relocation assistance amount set forth in Measure Y has not been adjusted since it was passed almost 16 years ago. The amount of the assistance is nearly four times lower than that required by the cities of San Francisco, Los Angeles, Santa Monica, and West Hollywood – each of which have periodically adjusted relocation payments over the years in response to rising rents, moving costs, and inflation.”

Report on Owner Move In Evictions:
http://www.ci.berkeley.ca.us/uploadedFiles/Rent_Stabilization_Board/Level_3_-_General/Measure%20Y%20report_9-18-15(1).pdf

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houses

Berkeley Top Rental Market
Berkeley rentals are usually listed for an average of six days before they are rented.
http://sf.curbed.com/2016/5/11/11659084/berkeley-el-cerrito-rent-onerent

Lawsuits Following Berkeley Balcony Collapse
“They are suing 11 named defendants who fall under the umbrella of two companies: Blackrock – the owners of the Library Gardens development, and Greystar – the property managers…
The three are alleging that the wooden deck of the balcony was already water damaged before the water-proof coating was applied in 2006, during the construction of the Library Gardens complex, and that the owners and managers knew it was dangerous.”
http://www.rte.ie/news/2016/0412/781151-berkeley-balcony-legal/

“A Californian judge denied applications by the main defendants in the suits, who had been seeking to have claims for punitive damages struck out. These are additional damages paid on top of basic compensation, designed to punish offenders and to discourage similar conduct in future.”
http://www.independent.ie/irish-news/courts/court-rejects-bid-to-limit-damages-in-berkeley-case-34663214.html

Five Library Gardens Contractors Broke Law
Contractors State License Board, or CSLB, found Segue Construction, Etter and Sons Construction, R. Brothers Waterproofing, Northstate Plastering and the Energy Store of California “willfully departed from accepted trade standards for good and workmanlike construction.”
http://www.dailycal.org/2016/04/14/license-board-alleges-contractor-violations-contributed-berkeley-balcony-collapse/

“Investigators said the balcony supports failed because the incorrect application of waterproofing resulted in “water incursion that caused dry rot.” The Alameda County (CA) district attorney said that workers waterproofed the balcony supports while they were wet, leaving the water trapped underneath to rot the wood.”
http://www.constructiondive.com/news/ca-investigators-cite-contractors-in-berkeley-balcony-collapse-for-poor-wo-1/417241/

Oakland Converting Residential Hotel to Luxury Tourist Spot
One of the last single room occupancy hotels in Oakland will be converted to a boutique hotel, according to the East Bay Express. Losing the 102 rooms will likely increase the number of homeless in Oakland. Several other low-income hotels are already being converted, because Oakland has no protections for SROs.
“The potential sale of the Sutter — which serves very-low income people, many of them on the verge of homelessness — follows the recent sale of two other downtown Oakland SROs to investors, who plan to push out existing tenants and turn the properties into market-rate apartments or upscale tourist hostels.”
http://www.eastbayexpress.com/oakland/affordable-no-more/Content?oid=4791392

Evictions in Alameda County
“Dejected renters sat on benches along the walls, fiddling with their cell phones. Seniors leaned on canes. Other tenants pushed walkers. One man told his attorney he’d kill himself if he lost his home in Berkeley, where he’d lived for 18 years.”
http://www.mercurynews.com/crime-courts/ci_29831195/evictions-soar-alameda-county-rents-rise

San Jose Considers Relocation Funds for Renters
Berkeley already provides relocation for tenants displaced through no fault of their own, and the Rent Board has requested a ballot measure this year to raise the relocation funds for owner-move-in evictions, since Berkeley has not increased the allowance since 2001.
https://nextcity.org/daily/entry/san-jose-landlords-pay-displaced-tenants

By Posted on Posted in Issues

IMG_1151The Berkeley Rent Board won an important case regarding eviction threats and OMI evictions where the owner never moved in. The California Court of Appeal supported the Berkeley regulation that resets rent for new tenants at the lower controlled rent if the previous tenant moved within a year of getting an Owner Move-In notice.

In this case, a tenant who rented at 1807 Addison for 28 years and had refused informal requests to move finally got a formal eviction notice, so she made a deal, got some money, and moved. Then the owner rescinded the OMI notice. The tenants who moved in challenged their rent – which was more than double the old rent – under regulation 1016.

The regulation addresses withdrawn eviction notices for owner occupancy and states, “…if the tenant vacates within one year of the date of service of the notice, the tenancy is presumed to have been terminated by the owner as a result of the notice. The rental rate for the next tenancy established in the vacated unit shall be no more than the maximum allowed under the Rent Ordinance for the tenant who vacated.”

The Rent Board called the court decision a “victory for local control at a time when gentrification purges valued members of our community.” The Court referred to the landlord Jason Mak’s gambit as “subterfuge.”

Rent Board Press Release:
“The court ruled that when a landlord uses an eviction notice as “negotiating leverage” to secure an agreement that the tenant would “voluntarily vacate” the unit, the tenant did not actually vacate voluntarily.”
Mak press release (9-8-15)

Court Decision:
“The finding that the tenancy was terminated pursuant to the termination notice can hardly be questioned, notwithstanding the attempt to mischaracterize the situation in the agreement that Burns agreed to sign. Maintaining the rent level of the former tenant is a rational and proportional deterrent to the use of such an artifice in the future.”
Mak Omi decision reg 1016

In the Papers:
http://www.contracostatimes.com/breaking-news/ci_28777456/berkeley-court-finds-property-owner-made-false-made

Tenants In the News

Several of these stories were sent in by BTU members:

BERKELEY

Berkeley Owners Claim Elected Officials Don’t Represent Their Interests
http://www.dailycal.org/2015/07/06/property-owners-should-be-involved-in-shaping-berkeley-housing-policy/

Development: BARF Invited, Berkeley Tenants Not
http://www.contracostatimes.com/breaking-news/ci_28596764/berkeley-residents-wary-6-story-adeline-street-mixed

SAN FRANCISCO

Removal of Units From Housing Market
The Housing Balance Report shows the city added 6,559 affordable housing units between 2004 and 2014. But during the same period, 5,470 apartments were “removed from protected status” through a variety of “no fault” evictions allowed by state law.
http://www.sfgate.com/bayarea/article/S-F-rent-controlled-apartments-lost-as-fast-as-6380744.php

Vacation Rentals Struggle Continues in SF
Tired of relying on their Supervisors – who crafted a law that city staff explained was unenforceable, then weakened that law a few months later – tenants and hotel workers in SF have joined forces to write a ballot measure.
http://ballotpedia.org/City_of_San_Francisco_Initiative_to_Restrict_Short-Term_Rentals_%28November_2015%29

Chronicle does Five-part Series on Impact of Short Term Rentals
http://www.sfchronicle.com/airbnb-impact-san-francisco-2015/#1

CALIFORNIA

El Cerrito: Low Income Renters Displaced at RV Park
http://www.eastbayexpress.com/oakland/low-income-tenants-to-be-directly-displaced-by-development-in-el-cerrito/Content?oid=4402578

Healdsburg Continues Ban on Airbnb
And why isn’t this a no-brainer for Berkeley’s Planning Commission too?
“The City Council took little time Monday evening in unanimously upholding a ban on vacation rentals in residential areas, mainly in an effort to preserve the city’s housing for residents and workers — not visitors. “Anything that takes away from potential long-term rental stock is a non-starter,” said Mayor Shaun McCaffery, noting that the lack of affordable housing has risen to the top of the civic agenda with a recent wave of escalating rents and evictions of low-income tenants.”
http://www.pressdemocrat.com/news/4353074-181/healdsburg-reaffirms-ban-on-vacation

Sacramento Looking into Vacation Rentals
“Sacramento is considering allowing landlords to rent out homes or rooms up to 30 days a year.”
http://www.bizjournals.com/sacramento/news/2015/08/13/how-sacramento-s-airbnb-proposal-stacks-up.html