Berkeley has been expediting building permits and cutting fees for developers, saying our town desperately needs housing. One policy that some see as quite promising would make it easier to add a legal in-law unit on an existing property. But when it comes to low-cost housing for students, policymakers appear to be swayed by pressures from existing homeowners, because students are known to be noisy and make a mess, they say.

In fact, the initial legislation on mini-dorms approved by the Council in January seems to point to the sort of problems that cannot be anticipated by neighbors or Zoning Commissioners unless they make assumptions about the future behavior of possible tenants, perhaps unfairly: “Such buildings tend to impair the quiet enjoyment of the surrounding neighborhoods by creating trash and litter, creating excess parking demand, and being the location of numerous loud and unruly parties.

“The council has various policies that are in contention with each other, and that’s just another one. ” – City Attorney Zach Cowan quoted in Berkeleyside.In July, the City Council began work on an ordinance that would curb proliferation of the so-called “mini-dorms” by requiring a public hearing for new construction with six or more bedrooms. The ordinance would only impact certain neighborhoods – the ones close to campus, according to the Daily Cal.

It seems to me that instead of regulating potential threats to civil society based on assumptions about young people, the Council might do better to look into why existing housing code is not enforced at existing properties. Several students said they would welcome more scrutiny of their housing, according to the Daily Cal: “We don’t feel safe, because we are in an attic that has no fire escape… We are a lot of people living on top of each other with no fire escape or anything — with no smoke detectors either — so in that sense, we feel really unsafe.

I Urge Anyone In The Above Situation to Contact Code Enforcement! There are existing laws to protect you, and you may be entitled to a rent decrease too – ask at the Rent Board. Stand up for your own safety!

Students, please join BTU at our next Potluck, August 14.

As one commenter on Berkeleyside put it, “We have codes up the wazoo, often unenforced by the City and ignored by some property owner who make a living exploiting students.”

http://www.berkeleyside.com/2013/07/24/berkeley-officials-crack-down-on-mini-dorms/

http://www.dailycal.org/2013/07/28/city-ordinance-aims-to-limit-development-of-private-dorm-style-housing/

Your home could be next!
Your home could be next!

The Berkeley City Council is considering revisions to the Demolition Ordinance which would make it easy to tear down rent controlled apartments – if they are empty! This will lead to evictions and tenant harassment.

Suddenly on June 11, the Council voted to consider last-minute amendments to revisions of the Ordinance which are so substantial, they amount to a re-write of the draft.  If these changes are approved on July 2, the resulting ordinance will undermine rent control.

The proposed changes come directly from requests by developer Equity Residential – Berkeley’s largest landlord – and other speculators. Council will consider them despite the strong support from tenants, the Rent Board and the Planning Commission for the June 4 draft, which provided permanently affordable housing to replace empty units.

The most important thing you can do right now is get friends to

SIGN OUR ONLINE PETITION!

https://www.change.org/petitions/berkeley-city-council-preserve-affordable-housing

We also advise tenants to write to Council, and attend the meeting July 2. There is much at stake.

  • Say you support the Berkeley Tenants Union position on Item 17, the Demolition Ordinance.
  • State that no occupied units should be eliminated for any reason.
  • Emphasize that units emptied via the Ellis Act cannot be eliminated.
  • Ask that demolished empty units be replaced with permanently affordable housing.
  • Point out that a mitigation fee will not meet our housing needs soon enough.
  • Argue that this new draft will violate the Neighborhood Preservation Ordinance.

Contact Berkeley City Council – please cc info@berkeleytenants.org
http://www.ci.berkeley.ca.us/Clerk/City_Council/City_Council__Roster.aspx

Item 17 July 2, 2013 (bad amendments):
http://www.ci.berkeley.ca.us/Clerk/City_Council/2013/07Jul/Documents/2013-07-02_Item_17_Zoning_Amendments.aspx

June 4 draft changes (good compromise):
http://www.ci.berkeley.ca.us/Clerk/City_Council/2013/06Jun/Documents/2013-06-04_Item_24_Zoning_Amendments_to_BMC.aspx

1973 Neighborhood Preservation Ordinance (still the law of the land)
http://www.ci.berkeley.ca.us/uploadedFiles/Rent_Stabilization_Board/Level_3_-_General/7.a.6_Very%20old%20copy%20of%20Neighborhood%20Pres.%20Ordinance.pdf

► This week’s fire at the Nash Hotel should remind us that the tenants from the buildings that burned on Telegraph Avenue and Dwight Way in late 2011 are still fighting to get their due. Replacements for both buildings are winding their way through Berkeley’s permit maze, but the City’s rules exempt these buildings from any affordable housing fees UNLESS the landlord was at fault for the damage. Since it was reported that the fire alarms were disconnected at the Lakireddy-owned building on Dwight, and tenants at the Haste-Telegraph Sequoia building have a lawsuit against the owner, fault is still being investigated. The 2227 Dwight property was at the Zoning Board on Thursday June 13, but there has been no press coverage. The Zoning Board granted the owner’s permit.

http://abclocal.go.com/kgo/story?section=news/local/east_bay&id=8575386

http://www.contracostatimes.com/breaking-news/ci_23446113/tuesday-fire-at-downtown-berkeley-hotel-causes-at

► The Berkeley Housing Authority took back 14 rental assistance vouchers they had already given to low-income families, and suspended the list of those who can get Section 8 assistance in the future, due to funding cuts from the federal government:

http://www.indybay.org/newsitems/2013/06/09/18738201.php

►As reported earlier, Berkeley Property Owners Association President Sid Lakireddy has filed a lawsuit against the four candidates for Rent Board chosen at the Tenant Convention in 2012. Another article on this lawsuit was published recently:

http://www.dailycal.org/2013/06/02/berkeley-city-officials-file-an-appeal-in-response-to-decision-in-defamation-lawsuit/

Everest Properties Vandalizes Its Own City Landmark
Everest Properties Vandalizes Its Own City Landmark

►A Lakireddy family property on Haste was also in the news:

http://www.berkeleydailyplanet.com/issue/2013-05-31/article/41107?headline=Everest-Properties-Vandalizes-Its-Own-City-Landmark–By-Daniella-Thompson

► Although the City Council considered revision to the Demolition Ordinance again on June 11, and the suggestions just keep getting worse for tenants and advocates of affordable housing, there were no news stories on the latest developments. BTU will post again when the Council calendars the next round of debate – it is expected for July 2nd. Several leaders are calling for Council to send the new draft back to the Planning Comission – since the proposal they approved wasn’t so much amended as replaced!! Video of the latest changes can be viewed on the City website – discussion started just after 9:45 PM on June 11.

www.ci.berkeley.ca.us/Clerk/City_Council/City_Council__Agenda_Index.aspx

► There has also been no news on the State of California investigation of fair election law violations by the faux-tenant slate, Tenants United for Fairness. When Berkeley’s Fair Campaign Practices Commission issued the landlord-backed candidates the second-largest election fine in Berkeley history last month, FCPC stated that there is an ongoing investigation at the state level.

http://www.berkeleyside.com/2013/05/20/landlord-backed-group-fined-for-campaign-violations/

DemolitionThe Berkeley City Council is moving forward with changes to the demolition ordinance. The good news is that the Planning Department and the Rent Board have agreed on changes that almost make tenant activists happy. The bad news? Judging by comments made by Maio and Wengraf at the May 21 hearing on 2517 Regent Street, the pro-development Council majority plans to reject or water down the tenant protections the Rent Board and Planning negotiated.

BTU NEEDS YOU TO WRITE to the whole Council immediately!

We also hope you will come and speak on Tuesday June 4. Sometimes it seems it is harder for the Council to vote against the public when we are looking them in the eye.

  • Say you support the Berkeley Tenants Union position on Item 24, the Demo Ord.
  • State that no occupied units should be eliminated for any reason.
  • Emphasize that units emptied via the Ellis Act cannot be eliminated.
  • Ask that demolished units be replaced with permanently affordable housing.
  • Remind them that converting a duplex to a single family is still an elimination of a unit of affordable housing because of rent control. Ask that this type of demolition also be regulated and their impact on affordable housing stock mitigated.

If the Clerk gets letters or emails on Thursday the 30th, the correspondence will actually get delivered to Council before the meeting. If he gets them later than that, they get handed to our elected leaders at 7 PM, just before the meeting begins. If you write on Friday or Monday, please send them directly to each Council member as well as the address for the Clerk (see link below).

Contact Berkeley City Council:
http://www.ci.berkeley.ca.us/Clerk/City_Council/City_Council__Roster.aspx

Council Item 24:
http://www.ci.berkeley.ca.us/Clerk/City_Council/2013/06Jun/Documents/2013-06-04_Item_24_Zoning_Amendments_to_BMC.aspx