Tag: Rent Board

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garages
2091 California is already retrofitted.

This Thursday, October 3, the Housing Advisory Commission will vote on their recommendations to Council regarding the law to require landlords to fix unsound buildings. BTU attended the last HAC meeting to speak about our concern:

Tenants should not have to pay extra rent for safe housing!

The City will hold the final public hearing on the law to require seismic retrofits for Berkeley’s most unstable rental housing on October 10 at 5 PM. Since the first hearing was held over the summer, and so many students live in these “soft story” buildings, the October hearing is cosponsored by Berkeley’s ASUC and will be held on campus but open to everyone. Only five tenants spoke at the July 27 hearing, although more than 40 landlords were present.

On September 16, the Berkeley Rent Board finished their recommendations to Council, which cite many ways that owners with financial hardship could pay for retrofits without raising rents. However, even the Rent Board voted to consider amending rules so that landlords can raise rents! If tenants do not speak out at the meetings listed below, Berkeley tenants could see increases under the new mandatory retrofit rules like those in San Francisco, where rents in unsafe buildings are going up an average of $900 a year!

Seismic Retrofit Recommendations
Thursday October 3 – 7 PM
Housing Advisory Commission
South Berkeley Senior Center

Final Public Hearing on Seismic Retrofits
Thursday October 10 — 5 PM
City of Berkeley Hearing sponsored by ASUC
UC Berkeley Alumni Hall – 2537 Haste Street

Seismic Retrofits to City Council
REVISED DATE November 19 — 7 PM
Council Chambers: 2134 Martin Luther King Jr. Way

City website, including draft law and inventory of unsafe buildings:
http://www.ci.berkeley.ca.us/Planning_and_Development/Building_and_Safety/Soft_Story_Program.aspx

Rent Board recommendations:
Rent Board Seismic

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100113The Berkeley Tenants Union has no position on the emerging legislation to make cigarette smoking illegal in all multiunit buildings in Berkeley. This hot issue pits neighbor against neighbor, especially since the City Council’s draft only has one enforcement mechanism: take your neighbor to small claims court!

Requests from the Rent Board and other constituents for the city to require mediation have not been included in the rules, which would make smoking in or around their buildings illegal for tenants and condominium owners, even if smoking is allowed in the lease or homeowner’s agreement. Smoking will be prohibited in all new leases.

Possible changes to the current draft of the law which are discussed in the Council report:

  • Mandating mediation
  • More aggressively enforcing the Ordinance
  • Defining smoking in multi-unit housing as a nuisance to allow evictions
  • Requiring a registry of units with non-smoking clauses in their leases
  • Including medical cannabis smoking

The Berkeley City Council will finally vote on the controversial law at their meeting Tuesday, which begins at 7 PM at 2134 Martin Luther King Jr. Way and will be broadcast on the web, cable TV and 89.3 FM. The current draft does include some increased support for smokers trying to quit.

Our elected Rent Board has been under fire from at least one antismoking advocate. The Commissioners expressed concerns that defining smoking as a nuisance would lead to evictions, pushed for mediation to be mandatory before law suits are filed, and also requested that the city enable their department to provide tracking so prospective tenants would know if they are applying for a unit next door to a smoker and/or if smoking happened during the previous tenancy:
May 7 Smoke-free Housing Council final

Health advocates say the law doesn’t go far enough to protect renters from second hand smoke:
http://www.berkeleydailyplanet.com/issue/2013-05-03/article/41042?headline=All-Indoor-Smoking-in-Shared-Housing-Should-Be-Banned-in-Berkeley–By-Carol-Denney

Council materials, see Item 10:
http://www.ci.berkeley.ca.us/Clerk/City_Council/2013/10Oct/City_Council__10-01-2013_-_Regular_Meeting_Agenda.aspx

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April 28 BTU - 18Good news on the Demolition Ordinance!

On September 12, the Housing Advisory Committee voted unanimously to support one-for-one replacement of demolished rent controlled units with permanently affordable housing. They recommended the good June 4 compromise draft over the more recent drafts, which provide incentive for developers to empty buildings of all tenants.

The key vote on the Demolition Ordinance will be the one by the Planning Commission on November 6. BTU will be calling all tenants to come out to the meeting. We need Planning on our side to save Berkeley from the bulldozer.

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Berkeley Citizens Action will join BTU to discuss shared concerns at our Fall Potluck, Wednesday September 18.

Free Tenant Counseling by the Eviction Defense Center at 6 PM !!!

Food and Friends at 6:30 PM. Grassroots House, 2022 Blake @ Shattuck

SunsetUPCOMING DATES OF INTEREST TO TENANTS

Campaign Violations, Berkeley Democratic Club
Thursday September 19 – 7 PM
Fair Campaign Practices Commission
North Berkeley Senior Center, 1901 Hearst Ave @ MLK

Free Housing Counseling for Seniors
Friday, September 20 – 12 PM
Counseling by Berkeley Rent Board
South Berkeley Senior Center: 2939 Ellis Street @ Ashby

More after the jump…

Read more »

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Demolition Ordinance to Housing Commission ThursdayBerkeley’s Housing Advisory Commission (HAC) will consider several hot issues at their meeting on Thursday September 12, including mandatory retrofits of seismically unsafe apartment buildings and alarming changes to the demolition ordinance which would threaten rent control and lead to evictions.

The HAC will also hear an update about the exciting new program that offers energy efficient upgrades to tenants and landlords, a proposed ordinance declaring mold unhealthy in rental units, and changes to the affordable housing fees developers of new buildings must pay to offset the impact of unaffordable units on the community.

TENANTS, Come Out and Have Your Say!

South Berkeley Senior Center, 2939 Ellis Street, at 7 PM Thursday

Demolition Ordinance
The Berkeley NAACP joined with other organizations like BTU and the Sierra Club in opposing new drafts of the Demolition Ordinance which don’t require rent controlled apartments be replaced with units affordable to low-income residents.

The Berkeley NAACP top priority recommendation in the Housing category for the report from their summer Town Hall meeting was, “Demolition Ordinance will include the replacement of all affordable housing that is demolished.” Unfortunately, there is a new draft of the demo ordinance that came out on August 30 which would allow developers to tear down rent controlled units, even those which are occupied or in good condition, and not replace them. The new draft allows developers to pay an unspecified fee which could be changed by City Council at any time.

BTU is standing by our request that Council approve the June 4th compromise draft, and we are still collecting signatures for our petition, which we will also present to the HAC.

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

NAACP Town Hall report: http://www.ci.berkeley.ca.us/uploadedFiles/Planning_and_Development/Level_3_-_LPC/Item%2012.A.2_NAACP%20Corrospondance.pdf

Seismic Retrofits
BTU is determined that tenants should not be forced to pay a rent increase just because their building will stand up for 3-5 more seconds in a major earthquake.

Mold
Right now, Berkeley Housing Code Enforcement can’t cite for mold in apartment buildings because even severe mold, which causes asthma and other health problems, is not defined in our city codes as a hazard. This new law is based on one that has protected San Francisco tenants for years.

If you can’t come to the Housing Commission meeting Thursday, write to them care of kslee@cityofberkeley.info

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potluck_01Our friends from the Eviction Defense Center will provide Tenant Counseling from 6 to 6:30 PM before this month’s BTU gathering.

Come break bread with tenants, smart landlords, activists, and everyone who wants to keep rent control strong and working in Berkeley. Bring any dish you like – but vegetarian food is always encouraged!

If any members have an announcement to share, please contact us before the meeting to be allocated time. We will keep announcements brief, but both of the issues BTU has been focused on this summer are coming up before the Planning Commission, Rent Board and City Council. Learn what you can do to stop dangerous revisions to the Demolition Ordinance, and finally move forward the requirement to retrofit the apartment buildings identified in 2005 as “Soft Story.” EDC will also say a few words about the problems they are seeing most from Berkeley tenants.

When:  August 14, 2013 6:30-8:30

Tenant’s Rights counseling at 6pm, potluck from 6:30-8:30 p.m.

Where: Grassroots House, 2022 Blake, Berkeley between Milvia and Shattuck map

Children are welcome.  Please contact us if you would like to share childcare arrangements.

Note: beginning September 18, Potlucks will be the third Wednesday of the month.

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Tenants are urged to speak out about paying for these earthquake safety improvements.

  • Wednesday, August 7th 7pm
    Disaster and Fire Safety Commission
    Fire Department Training Facility
    997 Cedar Street @ 8th Street
  • Monday, August 26th, 7pm
    Rent Stabilization Board
    Council Chambers
    2134 Martin Luther King Jr Way @ Center St
  • Wednesday, Sep 4th, 7pm
    Planning Commission
    North Berkeley Senior Center
    1901 Hearst Street @ MLK
  • Thursday, Sep 12th, 7pm
    Housing Advisory Commission
    South Berkeley Senior Center
    2939 Ellis Street @ Ashby

more info: http://www.ci.berkeley.ca.us/Planning_and_Development/Building_and_Safety/Soft_Story_Program.aspx

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softstoryBTU is very focused on Seismic Safety this summer. San Francisco passed a mandatory retrofit law that allows landlords to pass the costs of seismic upgrades to their tenants; it has been reported that the average rent increase there will be $900 a year! We won’t let this happen in Berkeley! Please join BTU by coming to our August 14 Potluck to learn how you can help.

The really good news at the first public hearing on retrofits, held July 25, was that the city has hired one staff member to deal with “Soft-Story Phase 2” – the retrofit law. Berkeley has not really enforced the 2005 rules (“Soft Story Phase 1”) in part because there has been no dedicated staff in the Housing department for this work.

Berkeley landlords had a huge turnout July 25, with their comments ranging from helpful suggestions to difficult demands. Several landlords pointed out that the city permit process makes it more expensive to retrofit by making their construction timeline uncertain and requiring additional safety work be done at the time the retrofit permit is issued. Many also claimed they can’t afford a retrofit and can’t get a loan to do one. The city has discussed creating a low-interest loan fund for owners who really can’t afford to make their buildings safer, but several landlords said they want to see a zero-interest loan from the city.

Most tenants who spoke talked about how they want their building to be safe, but believe any substantial rent increase would be a hardship. Some said they were willing to pay a little more rent if they could afford it. Tenants also spoke about fear of temporary relocation, but Rent Board speaker Matthew Siegel said few retrofits are expected to require relocation. Landlords said the law (Relocation Ordinance), which requires that owners pay a “rent differential” and other expenses for tenants who must temporarily move out, is unfair.

Currently, 109 buildings on the original unsafe list are now retrofit, while 18 have not even done the engineering report required under the 2005 law. There has been no city tracking of compliance with the required posting of warning signs, but BTU joined the Third Annual Day of Seismic Action and found many buildings lacked signage. No fines have been issued.

The Rent Board speaker said that agency would consider allowing costs to be passed through to tenants, so we intend to gather tenants to speak at upcoming hearings at the Rent Board (possibly AUGUST 26), Disaster and Fire Safety Commission (AUGUST 7), and the Planning Commission (SEPTEMBER 4).

July 25 Hearing:
http://www.berkeleyside.com/2013/07/26/berkeley-renews-focus-on-retrofitting-soft-story-buildings/#disqus_thread

Draft Legislation:
http://www.ci.berkeley.ca.us/Planning_and_Development/Building_and_Safety/Soft_Story_Program.aspx

No Signs Posted at Many Unsafe Structures:
Seismic Day of Action 2013 Report 

Related: Alameda renters got eviction notices from the new owners at Marina View Towers. Carmel Apartments will evict 84 families to perform seismic retrofits.
http://blog.sfgate.com/inalameda/2013/07/27/the-broad-brush-your-alameda-news-in-60-seconds-33/

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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/

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This 81-unit building should have 13 low-income units.
This 81-unit building should have 13 low-income units.

July 16, the Berkeley City Council received a report about how city staff are monitoring “inclusionary units” – the Affordable units developers have created to date as part of the requirement to mitigate the impact of fancy new condos and apartments. And get this – only three of the 58 properties have been inspected to date, even though the monitoring program costs the city $226,248 each year!

This is important not only for the safety of the low-income tenants who live in Berkeley’s 306 inclusionary units, but also because many landlords with new buildings under development are opting to provide inclusionary housing instead of paying into the Housing Trust Fund. The program, operated by the Housing Department, is supposed to make sure inclusionary units go to verifiably low-income folks, and check repair and maintenance of the properties.

The report says that in 2011 the department checked 58 units at three properties, but will check the remaining 248 units by this time next year. We shall see!

Report on Monitoring Inclusionary Housing: Monitoring Inclusionary Housing 2013-07-16

On the same day, the City Council’s final meeting before summer break, Council also reviewed a joint proposal from Council members Arreguin and Capitelli requesting that staff explore how the Affordable Housing Mitigation Fee is implemented, particularly in relation to developers who claim paying the fee is not economically feasible.

Some of the requests would probably be supported by Berkeley housing activists, like the idea that the fee should increase with inflation each year. Activists may also support establishing a city-maintained wait list of eligible low income households, since right now developers choose their own tenants and the Housing Department doesn’t seem to be checking up on them like their staff are supposed to do.

Other aspects of the proposed changes may cause controversy, like the idea that developers should be encouraged to pay the $20,000 fee rather than providing units on-site, perhaps by allowing developers to pay the fee over time instead of all at once.

The most interesting part of the proposal is that the income levels of tenants allowed to live in affordable units could be changed, as could the number of units that must be provided in place of the mitigation fee. Currently, inclusionary units are rented to households that make less than 50% of the Area Median Income, which is about $31,000 for a one-person household and $44,000 for a family of four.

About two years ago, the City Council set the fee at $28,000 after a Nexus study showed the costs to mitigate a unit of expensive housing could be as much as $34,000. But last year, the Council voted to lower the fee to $20,000 for the next several years – at a time when Berkeley is seeing record development – with over 1,000 units expected to be built while the fee is lower.

Affordable Housing Changes: Affordable Housing Fee waivers 2013-07-16