Tag: renters’ rights

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Affordable Housing Forum January 21
BTU, in conjunction with Berkeley Citizens Action, Progressive Student Association, and CalSERVE, are hosting an event on affordable housing, with guest speakers including Mayor Jesse Arreguin, Councilmember Kate Harrison, and Rent Board Commissioner Leah Simon-Weisberg. Topics include rent control expansions, student housing, and the newly proposed state law, SB827, which would take away more local control over large for-profit housing developments. At the library Sunday the 21st, from 2pm-4pm.
https://www.facebook.com/events/213062839239569/

Counselor Training February 7 and 8th
Our friends at Tenants Together are offering a Tenants Rights Counselor Training. They cover state law, and refer renters with Berkeley-specific problems to us or the Rent Board. Taking their training or volunteering on their hotline is a great first step toward counseling for BTU. Right now, BTU has only one person answering questions from renters. Help us help Berkeley tenants!
Contact Sara (415) 495-8100

BTU on Campus Thursday February 8th
Cal Dems and the Progressive Student Association have invited BTU to discuss housing issues at 8pm. The location on campus is TBD, so check the Facebook event. This meeting is open to both students and non-students.
https://www.facebook.com/events/213062839239569/

Tenants Endorsement Meeting February 11
Meet all nine candidates for the open Assembly race for District 15. Pamela Price, challenger for Alameda County District Attorney, will also be present. While this event is open to all, you must be a member of BTU who has attended at least one other meeting in the past year and have paid dues in order to vote. Sunday February 11, 2 to 6 pm at South Berkeley Senior Center.

2018 Tenant Convention
Planning has begun for largest tenant gathering in Berkeley, the biannual convention to choose a united team to run for Berkeley Rent Board. Contact BTU if you are interested in being a candidate, and follow developments about this year’s meeting on the tcon website:
http://berkeleytenantsconvention.net/

Your Name Here
I moved away from Berkeley but so far no one at BTU has stepped up to manage the website, and no one is really sending me any content. Does someone in Berkeley want to take on this task for BTU?

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Want to know more about your tenants rights in general?
The Rent Board made a video that is a good place to start:
http://www.cityofberkeley.info/Rent_Stabilization_Board/Home/Videos.aspx

Want to get some emotional support, make the next renters able to defeat the landlord you just could not stop, or change that stupid law that screwed your friend? Become a BTU Member by coming to our next general meeting on June 6th! We can also mail you a member form if you email us a request. Sign up in the right-hand column to get on our mailing list, and click the link to Berkeley Tenants on Facebook. We are also going to be at Berkeley Farmers Markets this summer!

If you are a Berkeley tenant in crisis, the first thing you need to do is figure out is which sets of laws apply to you and where you can go for free advice on your rights.
YOU HAVE LOTS OF RIGHTS!

You can look online to see if you are covered by Rent Control, but just because your unit doesn’t appear on the Rent Board database does not always mean you are not covered. Also the Rent Ordinance gives renters many rights beyond just rent limits; for example, most units in Berkeley have Just Cause Eviction Protections even if you do not have controlled rent.

Rent Board Database: http://www.cityofberkeley.info/RentBoardUnitSearch.aspx

The Rent Board offers phone, email and drop-in help, but they tend to take a while (up to a week) to respond to messages, so BRING YOUR PAPERS and go see them!
Remember if you have an Eviction Notice (sometimes called a Summons or Complaint or Notice to Quit) you need help RIGHT AWAY. Sometimes you only have a FEW DAYS!

Although the East Bay Community Law Center will only help Extremely Low Income Renters (for example, two people must make less than $20,025 per year combined), they do hold periodic workshops for everyone. You must call 548.4040 to register for one.

Need repairs? Ask in writing! Rent Board can lower rent; code enforcement can issue citations.

BTU struggles to keep up with our counseling, which – for now – we can only do via email. It is best to write to us if you need help figuring out where to go first, want peer-to-peer assistance, or want to work on changing policies and laws. Also, drop us a line if you want to become a counselor or if you are an attorney who wants to get on the referrals list we are making.

See our Resources Page for other assistance!

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CL-aptsDespite the bad news from Richmond, folks all over the Bay, the State – even the World – are clamoring for an end to extreme profits and astronomical rent increases. The owners have kept us on the defensive for three decades — how many fronts can they fight on, even with all their money?

RICHMOND

The CA Apartment Association – the landlord statewide group – applied all their massive resources to suspend the new Richmond laws, the first new rent control in California in 30 years. Berkeley Property Owners Association put out a “Red Alert” just days before the law was to go into effect, asking Berkeley landlords to support this effort, which reportedly paid gathers over $20 per signature.
http://kron4.com/2015/09/03/apartment-association-files-petition-to-repeal-richmond-rent-control-policy-suspended-until-council-repeals-or-residents-vote/

SAN MATEO

Efforts in San Mateo to create just cause eviction protections for renters have also been stalled through efforts from the California Apartment Association.
“Dozens of property owners, real estate agents and representatives from trade associations spoke in opposition noting there are already existing laws governing tenant-landlord contracts. Many noted it can be very difficult to evict a bad tenant — one told an anecdote of it costing nearly $8,000 in legal fees — and requested the city focus on constructing new housing units. Others also feared there would be unintended consequences of such an ordinance, including harming good tenants.”
http://www.smdailyjournal.com/articles/lnews/2015-09-10/city-stalls-on-renter-protection-san-mateo-council-to-wait-for-stakeholder-input-on-affordable-housing-crisis/1776425149923.html
“Additionally, the CAA is urging it’s members to appear and bring other members from the rental housing industry to the council meeting/s to oppose renter protections. This is the same thing they do when other cities in California consider renter protections…. Painting the working class as possible criminals in the effort to conceal their real activities, such as raking in billions of dollars hand over fist, the CAA knows how to stir up wealthy property owners and the rental housing industry, when humane solutions such as renter protections are being proposed.”
https://www.indybay.org/newsitems/2015/09/09/18777335.php

ALAMEDA

Alameda is the only place I know of with a rent board but no rent control. City officials are discussing changing some of the rent regulations, but tenants are discussing a ballot measure to get some real protections!
http://www.eastbayexpress.com/SevenDays/archives/2015/09/04/rising-rents-and-evictions-in-alameda-get-attention-of-city-council

SAN JOSE

Nine of the eleven City Council members voted to “look into” just cause eviction protections, expanding rent control to cover duplexes, eliminating rules that new owners can pass their mortgage costs on to renters, and lowering the annual rent increase from the current eight percent. Berkeley tenants already enjoy these protections.
“San Jose’s rent control only covers about 43,000 units built before 1979 and excludes duplexes. Housing built after 1995 is exempt from rent control under the state’s Costa-Hawkins Rental Housing Act, so that leaves apartments built from 1979 to 1995 and all duplexes with no protections.”
http://www.mercurynews.com/bay-area-news/ci_28741872/san-jose-council-approves-plan-strengthen-rent-control
“Approval of the staff report and work plan would create a timeline where the Council would consider potential changes to the ARO (apartment-rent ordinance) in December 2015.”
http://spartandaily.com/143341/san-jose-considers-expanding-rent-control

MOUNTAIN VIEW

Tenants in Silicon Valley march for rent control – three times!
“Most of the affected residents make $12-$18 per hour, far below what it takes to afford local rents that have in some cases doubled over the past few years.”
http://www.losaltosonline.com/news/sections/inside-mountain-view/51099-
Mountain View Tenants Coalition
https://www.facebook.com/MVTenantsCoalition

SANTA ROSA

Council members who opposed rent control said the city just needs to build more housing. All over the world, landlords and developers – often the same people – claim that allowing unbridled development will lower rents. Sound familiar, Berkeley?
“We spent $800,000 on a fish fountain. We can spend some money to help renters in Santa Rosa.”
http://www.pressdemocrat.com/news/4419072-181/santa-rosa-city-council-sides?gallery=4418739

HEALDSBURG

Owners in Healdsburg pledged to limit rent increases to “only” 10 percent in order to stop the city from discussing rent control.
“It’s nonbinding. It’s pointless,” said Christine Webster, a disabled woman facing a 65 percent increase in rent for the one-bedroom duplex close to downtown that she’s lived in for the past decade.”
http://www.pressdemocrat.com/news/4394331-181/healdsburg-rent-advisory-polarizing

SANTA MONICA

Santa Monica is the California city with a tenant protection ordinance most like Berkeley’s own. Ellis Act evictions are on the rise in Berkeley, with landlord advocate Michael St. John actively encouraging them in a recent BPOA newsletter, but in Santa Monica, there are so many that the City Council is discussing a moratorium.
http://www.surfsantamonica.com/ssm_site/the_lookout/news/News-2015/Aug-2015/08_24_2015_Three_on_Santa_Monica_Council_Back_Effort_Urging_Halt_to_Ellis_Act_Evictions.html#st_refDomain=t.co&st_refQuery=/8ojEpjhhPF

SEATTLE

Seattle City Council is discussing asking the state of Washington to end the state ban on rent control. Washington is one of at least 30 states in the US which do not allow any municipalities to create rent control laws.
http://www.king5.com/story/news/politics/2015/08/12/seattle-rent-control-legislature-debate/31513621/

VERMONT

Burlington citizens debate rent control, supply-and-demand, in the press.
“Of course, as long as the city is run by developers and landlords, rent control will not even be discussed.”
http://www.burlingtonfreepress.com/story/opinion/readers/letters/2015/09/04/opinion-burlington-needs-rent-control/71726064/

NEW JERSEY

Jersey City tenants call for changes to preserve their rent control.
“Real estate investors… are aggressively using the vacancy capital improvement provision in Chapter 260 of the rent control ordnance to increase the rent of vacated apartments by over 30 percent.”
http://www.nj.com/opinion/index.ssf/2015/08/rent_control_under_seige_in_jersey_city_opinion.html

SINGAPORE

Tenants Together has been warning about the securitization of rents here in California, but Singapore is way ahead of us, with leaders not only calling for rent control but also a limit to land holdings by REITs (Real Estate Investment Trusts).
http://www.dealstreetasia.com/stories/limited-by-land-rent-control-floating-real-estate-limiting-reits-might-solve-singapores-realty-woes-11633/

SCOTLAND

Scotland had rent control until the Thatcher years; leaders are preparing to introduce laws which would allow rent regulation in places where the rents are rising most rapidly.
“Rent controls enjoy broad popular support, with a Survation poll conducted in January this year finding that only 6.8 per cent of the public are “somewhat” or “strongly” against the controls. 59 per cent of those polls said they somewhat or strongly supported the state being able to control what landlords take from tenants each month.”
http://www.independent.co.uk/news/uk/politics/the-scottish-government-is-going-to-introduce-rent-controls-10481469.html

GERMANY

Berlin got rent control on June 1st. Rents dropped immediately.
“The average cost of new Berlin rental contracts has dropped 3.1 percent within a month. This can’t be written off as an example of a general countrywide downward trend. In other German cities where such laws haven’t yet been introduced, rents have remained more or less static.”
http://www.citylab.com/housing/2015/07/berlins-brand-new-rent-control-laws-are-already-working/398087/

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stairsRefusal to repair can be considered harassment in Oakland, but before you get too jealous that Oakland finally got an Anti-Harassment Law – there is a BIG catch: tenants will have to enforce the law by suing landlords – the city has no enforcement mechanism at all. So even though Oakland now defines actions such as repeated bogus eviction attempts, refusal to make repairs, and threats to report renters to immigration as harassment, tenants without the means to hire an attorney might not benefit from the new rules.

Such additional protections against harassment have been discussed often but never developed by our elected leaders. San Francisco, East Palo Alto, Santa Monica and West Hollywood are other Rent Control cities that have similar laws. If Berkeley renters want such protections, they will have to organize like Oakland renters did!

There is also an exemption in Oakland for new construction.

“James Vann, co-founder of the Oakland Tenants Union, responded in an email to the city council, “Why should it even be suggested that owners of new construction be made free to harass and retaliate against tenants with impunity! By what rationale does that make sense?” But the exemption remained.”
http://www.eastbayexpress.com/SevenDays/archives/2014/11/06/oakland-officially-okays-tenant-protection-ordinance

More info about the law:

http://oaklandlocal.com/2014/12/know-your-housing-rights-part-1-tenant-protection-ordinance/

https://oaklandnorth.net/2014/10/22/council_manuel/

http://www.eastbayexpress.com/SevenDays/archives/2014/09/25/dan-kalb-proposes-tenant-protection-ordinance-to-curb-landlord-harassment

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Berkeley is a college town, and that means May and June bring free furniture to the streets as the student population moves into new digs. On Wednesday April 16, the Berkeley Rent Stabilization Board will offer a special workshop on Security Deposit law at their office on Milvia at Center Street, downtown.

Landlord/Tenant – Rights/Responsibilities on Security Deposit Law Seminar
Wednesday, April 16th, 5:15 p.m. – 6:15 p.m. @ the Rent Stabilization Board Office

Most rules about deposits are state law, so they apply to all renters, even those who are not under the rent control portion of Berkeley’s tenant protection ordinance.

Another good resource for planning to move in or move out is provided by the University of California campus group Renters Legal Assistance:
Getting Your Security Deposit Back

Tenants Together, the statewide renters organization (BTU is a member group) also offers some good information here:
http://tenantstogether.org/article.php?id=571

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ACTION: Statewide Ellis Reform
The Berkeley Rent Board agenda for Monday March 17 contains a report on landlord and tenant bills at the state legislature. BTU is asking the Board to take action to support and broaden the two bills to reform the Ellis Act, a law that allows speculators to buy an apartment building and immediately get rid of all the tenants. We hope the Board will ask Nancy Skinner and Loni Hancock to persuade San Francisco’s Tom Ammiano and Mark Leno to change their bills so they could apply in Berkeley if use of the Ellis act rises dramatically here.

Santa Monica’s Rent Board, and then Santa Monica’s City Council, have taken a similar position, stating that they are hopeful that any Ellis reform will allow all jurisdictions with rent control to be given a chance to opt in.
Santa Monica Rent Board Annual Report: “…entering 2013, there are signs that the economy may be improving—foreclosures are down in California along with unemployment—and there is a sense in the state that our economy may finally be headed in the right direction. Along with that recovery is the likelihood of increased Ellis activity, bringing with it the inevitable loss of accessible, competitive, controlled housing.”

The Berkeley Rent Stabilization Board meets Monday at 7 PM — 2134 Martin Luther King. The report on housing legislation and discussion on Ellis reform are early on their agenda.

Berkeley Rent Board Legislative Report, Item 5 http://www.ci.berkeley.ca.us/Rent_Stabilization_Board/Home/Agenda__RSB_2014_Mar_17.aspx

Also on the Agenda, Banks as Landlords, Item 7(a)8 and Wall Street Securitizing Rents 7(a)11

Ellis Reform from the San Francisco Appeal: “Speculators are buying properties and posing as new landlords, then evicting the tenants within a matter of months to “flip” the building and convert it into a high-cost home or luxury condominiums, the senator said.”
http://sfappeal.com/2014/02/local-landlords-demonstrate-against-announcement-of-legislation-to-close-ellis-act-loopholes/

Ellis Reform from 48 Hills Blog: “The presence of the mayor and the tech industry is just the latest indication of how serious the eviction crisis has become – and how much of a force the tenant movement has become in local politics. When you get a crowd like this for an anti-eviction bill, it’s clear that 2014 is, indeed, the Year of the Tenant in San Francisco.”
http://48hillsonline.org/2014/02/24/everyone-in-town-except-a-few-landlords-is-supporting-lenos-ellis-act-bill/

San Francisco To Raise Ellis Relocation Benefits?
“The Campos legislation will pay tenants 2 years’ worth of the “rent differential” between their current rent and the market rent they will have to pay. For example, if a tenants being evicted is paying $1,500 a month in rent and the current market rent for a similar apartment is $3,000, they will received $72,000 in relocation benefits (the $1,500 difference their current rent and the new rent, times 48)”–  according to Eviction Free SF. Berkeley’s Ellis relocation benefits are currently between $8,700 and $16,200 per household, San Francisco has a $15,632.69 maximum, and Santa Monica and West Hollywood base their benefits on the size of the unit, with relocation payments of up to $17,000 (West Hollywood) and $19,000 (Santa Monica.)

Student Perspectives on Housing
This week was UC Berkeley’s annual Tenants Rights Week, so BTU tabled on campus alongside Renters Legal Assistance and other services. The Daily Californian has their annual housing special issue, with articles discussing gentrification, types of housing in Berkeley, vacancy decontrol and landlord profits, and the role of the Rent Board.
http://www.dailycal.org/section/special/housing-issue-2014/

Tuesday Exchange on Berkeley’s Downtown
There are 1,400 units of rental housing in development for the Downtown area, and none of it will be rent controlled. Unfortunately, this talk will happen while you are at work.
“The Berkeley Historical Society asked LWVBAE to partner with them in an exploration of how development activities may potentially impact the cultural and physical characteristics of the Downtown area. Panelists, including Michael Caplan, Lisa Stephens and Jim Novosel, will open a discussion on this important topic, which will be followed by a question-and-answer period. The talk will be moderated by Steven Finacom and introduced by Sherry Smith.”
Conversation about the Downtown Development Plan
Tuesday, March 18 :: Noon to 1:30 pm
Berkeley History Center, 1931 Center Street
Admission free. Donations welcome. Wheelchair accessible.

Oakland City Council To Review Capital Improvement Rent Increases Tuesday
“A staff recommendation this week calls for the number of years landlords can amortize capital improvement costs to be extended from 5 years to 20 and caps the rent increase at 10 percent. In addition, landlords would be asked to petition the city for rent increases. Currently, the only way for the city to track rent increases triggered by capital improvement projects is only when renters issue a complaint. Most tenants, however, may be unaware of their rights regarding the complaint system, says Oakland tenants’ rights advocate James Vann”.
http://oaklandlocal.com/2014/03/tenants-rights-resolution-heads-to-oakland-city-council-as-talks-continue/