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/
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.
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/
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/
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/
The 2016 Rent Board Convention to select a pro-tenant slate for the elected Rent Board will be held on April 24th – THIS SUNDAY! – at the South Berkeley Senior Center on Ellis at Ashby. The gathering is sponsored this year by BTU, Friends of Adeline, the Berkeley NAACP, Berkeley Green Party, Berkeley Progressive Alliance, Berkeley Citizens Action, Socialist Alliance, the Peace and Freedom Party, CalSERVE, and UC Berkeley Students for Bernie Sanders.
The convention has been held each election year by a coalition of progressive groups for over 20 years in order to present a unified slate for the November Rent Board election. This year, there are 11 candidates for four seats. Because Rent Board Commissioner is the only elected office in Berkeley with term limits, there are only two protenant incumbents: Asa Dodsworth and Alejandro Soto-Vigil.
Candidate statements are on the convention website. Asa Dodsworth and Marcia Levinson did not send written responses. Sponsoring groups also send representatives to rate the candidates, interview them, and get more information about specific concerns of their membership. The convention site will also host the ratings and comments from community screeners, as well as the rules of the convention.
Asa Dodsworth, Marcia Levenson, Matthew Lewis, Thomas Lord, Christina Murphy, Poki Namkung, Christine Schwartz, Leah Simon-Weisberg, Alejandro Soto-Vigil, Igor Tregub, Eleanor Walden. Dodsworth, Simon-Weisberg, Lewis, and Tregub have served on the BTU steering committee.
BEWARE! You must be inside for all candidate statements in order to vote. Folks not in by 2 PM may not get ballots. Convention starts Sunday at 1:30 PM!
The City of Berkeley’s March 2016 Community Survey has now been released and it contains good news for advocates for increased funding for affordable housing.
Given a choice of 12 issues, “Building affordable housing” was ranked number 1 by survey respondents with 22%, followed by the related issue of “Addressing homelessness” with 17% .
37% answered that “providing affordable housing” was “extremely important”, while 41% said it was “very important”. As far as actions considered extremely important, “providing homeless services” was number 2, with 33%.
Increasing the Business License Tax on Landlords Four questions were asked about increasing the Business License Tax on landlords of residential buildings, an action supported by BTU, BCA, the Berkeley Progressive Alliance and affordable housing advocates generally. The survey shows strong support for the tax, which need not be written to require more than a 50% vote.
When asked whether they would vote for a measure to increase the tax on landlords with five or more units by an average of $30 a month per rental unit, with revenues going to providing new affordable housing and homelessness prevention efforts, 60% said Yes, and 13% were undecided or didn’t know.
The same question, but applied to landlords of buildings with 10 or more units, received 55% yes; 20% undecided.
When told that the increase in the tax could not be passed on to tenants and would bring in a about $4 million every year, enough to create 300 affordable units over ten years and would also fund emergency rental assistance to help Berkeley families avoid homelessness, the yes vote jumped to 67%
Finally if the tax were $45 a month per unit and would bring in about $6 million a year, enough to create 450 affordable units, 53% said they would be more likely to vote for it; 23% said less likely.
Housing Bond Measure 61% said they would vote for a $500 million Alameda County bond measure to fund construction, development, acquisition, and preservation of affordable housing affordable to low and middle income individuals and families that would prioritize vulnerable populations and would provide down payment assistance for middle income households. Tax after bonds were issued would be $12 per $100,000 in assessed value. 18% said no and 21 were undecided or replied that they didn’t know. Such a bond would require a two-thirds vote countywide and would have to be strongly supported in Berkeley to pass countywide.
Demographic info:
48% of respondents were home owners; 47% were tenants
Only 11% were full-time students; 20% were retired
62% of respondents were white; 10% black; 10% Asian
Only 14% were 18-24.
72% were reached on a cell phone.
43% lived in Council districts 5, 6 and 8 where turnout tends to be high in local elections; 30% from the progressive districts 3, 4 and 7 that have large tenant populations.
On the whole, students, who are likely to support such a measure, were underrepresented in the sample and white people were slightly overrepresented relative to the population.
34% consider themselves “progressive” “in terms of local politics”, while 34% consider themselves “liberal” and 21% “moderate”; with only 5% for “conservative”.
Only 3% were Republicans.
Public Financing 38% said they would support an amendment to the City Charter for public financing of local elections. 32% were opposed; 30%, a sizable number, undecided.
A new law requires balconies be inspected and repaired.
Your Berkeley Tenants Union’s quarterly members meeting will be March 30th. It is open to all members, and you can join BTU at the meeting if you are willing to sign our member pledge. Contact us for more information.
The 2016 Rent Board Convention to select a pro-tenant slate for the elected Rent Board will be held on April 24th, a Sunday, at the South Berkeley Senior Center. Potential candidates should contact the convention, which has been held each election year by a coalition of progressive groups for over 20 years. http://berkeleytenantsconvention.net/
Hot topics at the March 30th meeting (besides the upcoming Tenant Convention) will be proposed ballot measures to increase owner-eviction relocation funds and to fund affordable housing through a windfall profits tax on larger landlords, as well the upcoming Council consideration of an anti-harassment law known as the Tenant Protection Ordinance. Read the BTU March Newsletter
They are Organizing, Are You?
Oakland Ballot Measure to Make Rent Control Real “The measure would extend protections under the Just Cause for Eviction Ordinance to thousands more Oakland rental units, implement the currently un-enforced Tenant Protection Ordinance, and reform the existing Rent Adjustment Program (Oakland’s weak substitute for rent control) to make it much harder for landlords to raise rents above the rate of inflation, place an absolute 5% per year cap on rent increases, cover more rental units under rent control, and ensure a tenant-majority Rent Board, among other improvements.” http://www.oaklandtenantsunion.org/news
“If approved by voters, the initiative would cap rent increases at 5 percent a year, down from the 10 percent landlords can raise rents annually; create a rent board with mostly tenants as members; and expand eviction protections to units built after 1983 that are not protected under the city’s Just Cause Eviction Ordinance. The so-called “Renters Upgrade” measure would require city leaders to prioritize enforcement and implementation.” http://www.contracostatimes.com/breaking-news/ci_29596130/oakland-tenants-groups-pushing-rent-control-ballot-measure
Alameda May Be Harassing Tenant Group After filing their ballot measure, Alameda renters were talking outside the clerk’s office when they were approached by police. While that may not seem odd, the same Alameda group found a police officer scrutinizing them at a public meeting the month before.
Richmond Ballot Measure “The Fair and Affordable Richmond Coalition — consisting of elected officials, renters, homeowners and activists — on Tuesday gathered to officially file the petition with the city clerk. The group will have until June to gather 4,198 valid signatures to place the measure on the November ballot. A rent control ordinance was narrowly passed by the City Council in August, but it was repealed in November after a landlord association circulated a petition. Since then, affordable-housing activists have promised to bring the measure to the November ballot. Had the ordinance approved in August been implemented, Richmond would have been the first California city in more than 30 years to pass rent control.” http://www.contracostatimes.com/breaking-news/ci_29552957/richmond-group-pushes-bring-rent-control-measure-voters
“Claudia Jimenez, a homeowner in Richmond who is a community organizer with the Richmond Progressive Alliance (RPA), said, “The Richmond City Council passed some renter protections including rent control, and just cause eviction protections that were supposed to go into effect last year to protect Richmond renters. However, the California Apartment Association (CAA) spent a lot of money to hire people who gathered enough signatures for a petition that blocked the renter protections from going into effect.” http://www.thestreetspirit.org/the-struggle-for-renter-protections-in-richmond/
Over on the Other Team
Berkeley Landlord PAC Attempts to Seem Reasonable… “We represent the voice of rental housing providers through our political action committee and legal defense fund. We are here to restore fairness, efficiency and objectivity to Berkeley’s rental housing policies.” http://www.thebrhc.org/
…While the BPOA Continues to Seem Odd “And so welcome to the latest arrival on the local scene, the Berkeley Rental Housing Coalition. It cannot be said to represent we, the people nor does it comprise a Declaration of Independence. It does, however, establish and ordain an organization to address our rightful grievances to the government which shackles rental housing in so many ways. And, to quote another revered figure from American history, ‘it is altogether fitting and proper that we do this.’ ” http://bpoa.org/
Students Can’t Afford Housing at $1,500 per Room “A graduate of Hunter College in New York City, Sliwowski said that the two-bedroom apartment he had rented in the notoriously competitive Manhattan housing market as an undergraduate cost him and his roommates a total of $1600 a month. In Berkeley, after subletting a room in a house for two months that had been rented out on AirBnB, he finally beat out 59 other applicants to pay $1500 a month for a room in a house. “The university is failing to do anything to control rents in Berkeley, and failing to adequately inform students about the cost of housing,” he said.” http://www.dailycal.org/2016/03/04/priced-out-of-house-and-home/
UC Berkeley’s Role in the Housing Emergency “While the student housing crisis is a symptom of a regional problem, the fault also rests with campus administrators, who have failed to create enough housing opportunities for students. UC Berkeley houses fewer students than most other UC campuses, providing only 24.7 percent of undergraduates and 2.6 percent of graduate students with campus housing. Even when the campus creates new student housing, it is often unaffordable for many students. In fact U.S. News and World report ranked UC Berkeley as the fifth most expensive school in the country in terms of campus housing costs.” http://www.dailycal.org/2016/03/08/347468/
What is Affordable Housing?
“Affordable housing is housing that only costs 30 percent of the renter’s income. In Berkeley, however, housing can be considered “affordable” when it costs up to 50 percent — and even 80 percent — of the household’s income. And in the eyes of Sophie Hahn, a member of the city’s Zoning Adjustment Board, this expectation is not at all affordable and reveals the heart of the affordable housing issue in Berkeley.” http://www.dailycal.org/2016/03/04/quick-dirty-guide-affordable-housing/
About the Co-ops “Central to its design is the understanding that in order to receive a quality education, students must have access to affordable housing. This is especially relevant at UC Berkeley, which measures its value by accessibility. UC Berkeley’s former chancellor Robert Birgeneau once said the UC’s “educational excellence is accessible and affordable,” a quality that makes Berkeley a uniquely “vital and diverse intellectual community.” But this is not the reality. Students at UC Berkeley face a brutally expensive housing market, which presents an obvious contradiction: UC Berkeley cannot claim to provide access to excellent education as long as it considers quality of life and quality of education separately.” http://www.dailycal.org/2016/03/10/sharing-berkeleys-housing-burden/
Berkeley has approved only 206 below-market rentals since 2012
8% Affordable Housing Will Not Address Crisis “With those units, plus all of the projects at various stages of the use permit application process as well as those under construction, the totals since 2012 come out to 206 affordable units out of 2,787 total units, or 8 percent (see ABAG slide above).
…There was consensus among the experts that the city needs to expedite housing construction by facilitating funding and cutting red tape. But not all of them bought into the oft-cited notion that building lots of luxury housing will put a significant dent in the affordable housing shortage… Several lamented what they saw as the loss of economic and ethnic diversity in a city where skyrocketing residential rents are out of reach of most working people, many of them minorities. The rising rents represent “a major transfer of income from tenants to real estate investors,” and they vastly exceed what a landlord needs to profitably operate and maintain a building, said former Berkeley Housing Director Steve Barton, one of the presenters on Tuesday.” http://www.dailydemocrat.com/general-news/20160217/berkeley-forum-seeks-ways-to-speed-construction-of-affordable-housing/2
Students Ask University to Step Up The ASUC Student Housing Committee published this editorial in the Daily Californian calling for the University to produce more student housing and scrap plans for a private hotel on UC land in downtown Berkeley.
“Despite plans to increase enrollment by at least 1,500 new students at UC Berkeley over the next few years, the campus only has plans to create 725 net new beds over the next five years; by contrast, the campus is increasing enrollment by 750 students next year alone… Furthermore, the university plans to build this project — and future projects — as a P3, or public-private partnership. As a P3, such a residence hall would be on university land but operated by a private company, a situation known as privatization. As a result, students would simultaneously lack the protections of local laws — such as rent control and eviction protections — while also paying more for rent to a private company.” http://www.dailycal.org/2016/02/23/university-must-build-public-residence-hall-downtown/
Oakland: Short Term Rentals Tax to Support Affordable Housing This from the East Bay Housing Organizations (EBHO): “As the result of months of EBHO members’ advocacy and efforts, on February 2nd, Oakland City Council allocated $350,000/year of the Transient Occupancy Tax revenue from short-term rentals to the Affordable Housing Trust Fund for each of the two years in the current budget cycle.
Allocating TOT revenue, which is the occupancy tax paid by hotels and other tourist accommodations, from these short-term accommodations to the Affordable Housing Trust Fund will help mitigate the impact of the short-term rental industry as the City begins to explore policy solutions addressing this issue. The TOT being allocated is from revenues the City receives over and above the $500,000/year allocated in the ’15-’17 budget, so it is not impacting other City priorities. As you read in EBHO’s report, The Impact of Short Term Rentals on Affordable Housing in Oakland, the City has an undisclosed contract with Airbnb to collect TOT.”
San Francisco: Fire Leads to Demolition, Evictions “San Francisco guarantees rent-controlled tenants who are displaced by a fire the right to return to their units after repair at their previous rent, though few do. But with the demolition, that protection no longer applies: New buildings are not subject to rent control because of state law and are not bound by the right of return. No-fault evictions on the basis of demolition are also allowed under city law. “ http://missionlocal.org/2016/02/sf-orders-demo-of-burned-mission-st-building-tenants-may-lose-right-to-return/
Housing For the Rest of Us – Success! On Sunday March 6th, about 200 Berkeley voters turned up to hear solutions to the housing emergency. The Berkeley Progressive Alliance discussed their housing platform and upcoming elections for Mayor and City Council. Berkeley Tenants Union discussed the Rent Board elections and the ballot measure to fund affordable housing via a windfall profits tax on larger landlords. Outgoing Councilman Max Anderson and District 3 candidate Ben Bartlett discussed changes and challenges in South Berkeley, and Zoning Commissioner Sophie Hahn – who is also running for City Council – discussed simple steps to bring sustainable, green buildings to Berkeley.
► The Berkeley Progressive Alliance is bringing folks together to support candidates for City Council who share the ideals of economic and racial justice, campaign finance reform, and a green, sustainable city. Read their Affordable Housing Platform here: http://berkeleyprogressivealliance.org/2016/02/26/affordable-housing-platform/
Max Anderson at the Forum “Increasingly, wealth and income have become a surrogate for race, providing camouflage for those who want to reshape the city and invite only those who look like them and have the kind of wealth that they have,” contended Anderson, noting the decrease in African American residents from around 25 to approximately 8 percent of the Berkeley population. “What you’re participating in today is an effort to recapture and reassert the rights and realities we face as working people and people of color in this city,” he said, arguing that if people do nothing, “We will become a gated community without gates.” http://www.contracostatimes.com/breaking-news/ci_29606700/berkeley-progressives-call-affordable-housing-new-leadership
BPA Platform to Fund New Affordable Units “In order to increase funding, the BPA suggested increasing the Housing Impact Fee — a sum that developers can pay as an alternative to including affordable housing units in their properties — to at least $34,000. Additionally, the plan intends to increase funds for the Housing Trust Fund through taxing short-term rentals, as well as raising the business license tax on influential landlords in Berkeley. “We want the people who have benefited from this incredible increase in property value to help pay for affordable housing,” said BPA member Kate Harrison at the meeting.” http://www.dailycal.org/2016/03/06/berkeley-progressive-alliance-presents-affordable-housing-platform/
Although February 16th will be the Berkeley City Council’s special work session on Housing Policy, several issues are going to City Council on Tuesday February 9th as well.
The Relocation Ordinance was revised a few years ago to make sure that when renters are displaced because of substantial habitability issues, the property owner must help them afford a temporary relocation. When the law was revised, discussions centered on seismic retrofits, so the law contemplates mostly planned relocations for substantial rehabilitation of apartments.
However, there have been many large apartment buildings which have had fires in the last several years, and renters found accessing their rights to relocation funding to be challenging.
Now, the City Manager has brought revisions to the law to the City Council. That’s good news – 2/3rds of the amendments are common-sense clean-up issues.
However, there is one pesky change: Instead of requiring landlords to carry insurance which would fund the relocation payments Berkeley requires, the new law will require displaced tenants, many of whom have lost everything in a fire, to use their insurance money for relocation before they get funding from the owner.
Changes to the Demolition Ordinance are also on the agenda for the 9th, but BTU thinks our burdened City leaders will probably not have time to discuss this important issue at this meeting. We expect the issue to be held over. But just in case, we sent this to the Council regarding changes which would allow developers to tear down rent controlled units:
There are also several Affordable Housing Items from Kriss Worthington which have been held over at meeting after meeting since October of last year that may actually be discussed on Tuesday.
see: https://www.berkeleytenants.org/?p=1434
