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

 

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 

 

Short Term Rentals held over by Berkeley City Council until Thursday July 7. BTU will post an update in a couple of days regarding the Mayor’s last-minute introduction of a proposed contract with Airbnb.

Durant Demolition approved under new demolition law which calls for mitigation of the loss of rent controlled housing through a fee to fund new low-income housing – however, the fee has not been set yet! Also, that developer has filed a lawsuit against the new version of the law.

Two Competing Landlord Taxes on Berkeley Ballot
Depending on the business license tax rate increase, the CSAH measure would fund 40 to 70 units annually, while BRHC’s would pay for just 12, Barton added. The measures also differ on exemptions. The apartment owners’ measure raises taxes on every rental housing unit currently taxed.

Gulbransen says the lack of exemptions makes their measure more equitable. The CSAH measure exempts tax increases on low-rent units housing tenants living under rent control since 1998, units rented under federally subsidized programs and permanently affordable inclusionary units in newer buildings.
http://www.mercurynews.com/breaking-news/ci_29928806/berkeley-voters-could-face-dueling-robin-hood-tax

But in California, the profits from ever-increasing land values aren’t shared for the public good. They’re collected by landlords in the form of higher rents…. But a broad-based coalition of Berkeley renters, affordable-housing activists, political leaders, and even some landlords are trying to revive the idea of a land tax. And they want to dedicate the millions it could raise to affordable housing.”
http://www.eastbayexpress.com/oakland/berkeley-city-council-approves-ballot-measure-to-tax-landlords-and-create-affordable-housing-fund/Content?oid=4818958

The additional tax would raise an additional $5 million a year from landlords over the current $3.5 million, for a total of $8.5 million a year, according to estimates by the Committee for Safe and Affordable Housing, which supports the measure. Apartments rented to Section 8 tenants, apartments with tenants in occupancy since before 1999, and certain other properties, would be exempt from the tax increase; there also would be a hardship exemption. The measure would prohibit passing the business tax increase along to most tenants. Proceeds of the tax increase would facilitate 45 affordable housing units per year.
http://www.eastbaytimes.com/breaking-news/ci_29974957/berkeley-council-oks-funding-measures-november-ballot

Rent Board Candidate Igor Tregub
Igor is also a member of the BTU Steering Committee.
http://www.dailycal.org/2016/05/26/igor-tregub-files-run-rent-stabilization-board/

UCB Report: Market Rate Housing Doesn’t Prevent Gentrification
http://www.eastbayexpress.com/SevenDays/archives/2016/05/27/uc-berkeley-report-lao-wrong-about-market-rate-housing-panacea
see also
https://news.berkeley.edu/2016/05/23/researchers-stress-role-of-subsidized-housing-in-easing-affordability-crisis/

Council Talks About Housing Plan
Proposals approved for implementation or further study ran the gamut from financial incentives and taxes, to rezoning, red tape-cutting, beefing up the city’s Affordable Housing Trust Fund and protections against eviction. Many will be the subject of a larger council discussion on housing tentatively scheduled for early fall.
http://www.eastbaytimes.com/breaking-news/ci_29919572/berkeley-backs-package-steps-address-housing

Jesse Arreguin Discusses Housing Policy
http://www.dailycal.org/2016/05/31/berkeley-city-must-take-comprehensive-approach-to-housing-crisis/

UC Students Have Trouble Accessing Rights
http://www.dailycal.org/2016/06/20/housing-struggles/

San Francisco Tenant Takes On Costa Hawkins in the Media
http://mediaoneservices.com/mary-catherine-wiederhold-and-neil-hutchinson-62816/

Affordable Housing Bond on Alameda County Ballot
http://www.ebho.org/2012-02-07-00-50-21/regional-policy-a-land-use/alameda-county-housing-bond

Concord Wants Rent Control!
The full City Council is scheduled to discuss the rental situation in Concord and the policy options available to the council on July 26.”
http://www.eastbaytimes.com/concord/ci_30066419/rent-control-hot-topic-concord

BALLOT MEASURE CONTROVERSY

A draft of the ballot measure BTU supports will be reviewed by City Council on May 31.

The Berkeley landlords submitted their ballot measure petition to the City Clerk today. Now the Clerk will check a sample number of the signers – it could be some time before we hear if the petition was validated. They submitted 3,326 signatures; because it is a tax measure it requires 1,932 valid signatures.

BTU’s Selawsky Sounds Warning
http://www.berkeleydailyplanet.com/issue/2016-05-13/article/44490?headline=Deceptive-housing-petition-now-circulating–John-T.-Selawsky-jwebsky-earthlink.net

Committee for Safe and Affordable Homes:
www.fundaffordablehousing.org

The Landlords’ Petition:
http://www.thebrhc.org/ballot-measure.html

BACKGROUND ON BRHC and BPOA

The Berkeley Rental Housing Coalition was formed last summer by leaders of the Berkeley Property Owners Association as a 501(c)6 for lobbying, lawsuits, and other political activities. According to their website, they elect their Board of Directors by allowing each landlord one vote per unit, so the largest property owners control the group.

Daily Cal: http://www.dailycal.org/2015/06/25/berkeley-landlord-coalition-raises-money-to-seek-greater-political-influence/
Daily Planet: http://www.berkeleydailyplanet.com/issue/2015-06-12/article/43384?headline=Berkeley-Landlords-Form-Political-Action-Committee-to-Raise-Half-Million-per-Year–
Daily Cal: http://www.dailycal.org/2015/07/08/berkeley-mayor-tom-bates-criticized-for-encouraging-landlords-to-form-pac/
Mayor Bates Urges Landlords to Form PAC: https://youtu.be/vzvHaSP3LJ4 (see 24 minutes in)

RENT BOARD ELECTION

267 voters at the 2016 Tenant Convention (photo Christine Schwartz)
267 voters at the 2016 Tenant Convention (photo Christine Schwartz)

Daily Cal article focusing on Christina Murphy and Leah Simon-Weisberg

Leah Simon-Weisberg (photo C. Schwartz)
Leah Simon-Weisberg (photo C. Schwartz)

Tenant leader and current Rent Board Commissioner Judy Shelton is quoted in the article as saying, ““These are progressive people who are all very passionate about supporting

Christina Murphy (photo C. Schwartz)
Christina Murphy (photo C. Schwartz)

tenants,” said Shelton, whose term is ending this election season. “They’re supporting each other, and we in the progressive community support them too.”
http://www.dailycal.org/2016/05/13/christina-murphy-leah-simon-weisberg-run-rent-stabilization-board/

Daily Cal on the Tenant Convention
In 2012, a similar pro-landlord slate — Tenants United for Fairness — ran one candidate in order to combat allegations of a pro-tenant bias within the rent board. The following year, the slate allegedly did not submit campaign finance statements from prohibited organizations — including Premium Properties — to the city. Tenants United for Fairness agreed to pay a $4,000 fine to the city and has not run a candidate since Judy Hunt was elected in 2012.”
http://www.dailycal.org/2016/04/24/pro-tenant-convention-elects-slate-candidates-november-election-sunday/

Leah Simon-Weisberg Launches Website for Rent Board Election
http://www.leahsimon-weisberg.com/

BTU ENDORSEMENTS

While the Tenant Convention had 267 voters, BTU’s endorsements meeting for Council and Mayor had a lower, but still impressive, turnout of 109 voters. Although Kriss Worthington announced he was also running for mayor, organizers of the event from BTU and our progressive allies would not change the rules at the start of the meeting, so only one candidate can use our endorsement in each race, although voters in the November election can rank their choices.

Mayor: BTU Member Jesse Arreguin

District 2: Nanci Armstrong-Temple

District 3: Ben Bartlett

District 5: Sophie Hahn

District 6: BTU Member Fred Dodsworth

BTU / BPA / BCA Endorsements Meeting in East Bay Times
“Building affordable housing, blunting gentrification and finding compassionate solutions to homelessness were central issues addressed April 30 by mayoral and council candidates seeking joint endorsement by the left-leaning Berkeley Progressive Alliance, Berkeley Citizen’s Action and Berkeley Tenants Union.”
http://www.eastbaytimes.com/breaking-news/ci_29845596/berkeley-progressive-groups-back-arreguin-mayor

BTU / BPA / BCA Endorsements Meeting in Daily Cal
Registered members of any of the three groups who had paid their dues were eligible to cast a ballot. Approximately 100 ballots were cast for each position. Voters were allowed to either cast a ballot for any of the candidates who spoke at the meeting or write in candidates….Worthington, who was seeking mayoral endorsement but has not yet registered for candidacy, asked for the groups to endorse two candidates for each position. Worthington said he is running for mayor in a formal political partnership with Arreguin.”
http://www.dailycal.org/2016/05/02/progressive-voters-meet-endorse-mayoral-city-council-candidates/

Berkeley Progressive Alliance Op-Ed
These organizations are part of a network of progressive Berkeley citizens working to curb the influence of special interests and make local government accountable to the residents of Berkeley. They include a campaign in to increase funding for affordable housing in Berkeley.”
http://www.berkeleydailyplanet.com/issue/2016-04-22/article/44418?headline=It-s-Time-to-Make-Berkeley-Truly-Progressive–From-Margot-Smith-for-BPA

Jesse Arreguin For Mayor Op-Ed on Housing
http://www.berkeleydailyplanet.com/issue/2016-04-15/article/44389?headline=Housing-Costs-Major-Topic-for-Berkeleyans–Councilmember-Jesse-Arreguin

Nanci Armstrong-Temple, District 2: South and West Berkeley
http://www.dailycal.org/2016/05/11/berkeley-resident-files-to-run-for-district-2-city-council-election/

Ben Bartlett, District 3: South Berkeley
http://benbartlett.vote/

Sophie Hahn, District 5: North Berkeley
http://www.berkeleydailyplanet.com/issue/2016-01-29/article/44128?headline=Sophie-Hahn-Announces-Run-for-Berkeley-City-Council-District-5–From-the-Sophie-Hahn-Campaign-Committee

Fred Dodsworth, District 6: Berkeley Hills
http://www.dailycal.org/2016/03/09/berkeley-resident-fred-dodsworth-files-to-run-for-district-6-council-seat/

Landlords Are Circulating This Petition
Landlords Are Circulating This Petition

Remember Robin Hood? Berkeley tenants tried to put a measure on the 2014 ballot to tax the rich and build homes for the poor. It didn’t work out. But in 2016, Berkeley progressives of various stripes all joined together in a coalition to fight the housing emergency with good public policy. We expect the City Council to place a balanced measure on the ballot which will fund affordable housing by increasing fees to Berkeley’s largest landlords.

The Committee for Safe and Affordable Housing is led by Berkeley’s two leading candidates for mayor. That’s right, Councilmembers Jesse Arreguin and Laurie Capitelli agree – to get more money for affordable housing we need to tax the real estate investors whose rent increases create the need for more affordable housing. We need the money to help non-profit organizations, land trusts and limited-equity cooperatives to build or buy housing and keep it affordable for everyone from teachers and childcare workers to cooks and secretaries. And our measure won’t pass on these increased fees to renters.

Great News, right? Until…

The Berkeley Property Owners Association saw a way to stop this new ballot measure by creating a competing measure. It is well known that two measures on a ballot usually mean both measures fail.

The landlords have already succeeded in confusing the voters – so members have been asking us for more information on The Petition You Should Not Sign. Here it is:

► This landlord trick is the only “affordable housing” petition being circulated. Our measure will be placed on the ballot by the City Council if we can keep the pressure on our leaders. Do not sign any “affordable housing” petitions.

► The City Council measure supported by BTU will raise about $5 million annually. The BPOA measure will raise about $1 million annually, saving Berkeley’s larger landlords $4 million a year.

► The Safe and Affordable Homes City Council measure will finance construction or acquisition & rehabilitation of one project with 40 to 50 affordable homes every year. The BPOA measure on the petition will only raise enough money to do one project every five years.

► The BPOA measure can be passed through to over 1,200 Berkeley tenants who are not protected by rent control. The Council/BTU measure uses carefully targeted exemptions to protect almost all renters from an increase.

► The BPOA measure on the petition being circulated is unfair because

  • It taxes income from “inclusionary” units where the rent is restricted and the unit is rented to lower income tenants.
  • It taxes smaller, moderate-income landlords instead of focusing on larger professional real estate investors like the owners who control BPOA.
  • It taxes income from apartments rented to tenants receiving assistance from the Section 8 and Shelter + Care programs, while the Safe and Affordable Homes measure exempts these owners to encourage renting to Section 8.

Have Your Signature Invalidated – use the form below. You can fax, scan and send as an email attachment, or drop it off in person to the Berkeley Clerk at 2180 Milvia Street. They must be able to see your signature, so you can’t just email (unless it’s a scan, in which case send to clerk @ city of berkeley dot info).
REQUEST FOR WITHDRAWAL OF SIGNATURE

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