Berkeley Tenant Deaths Unexplained
“But three months, one lawsuit and a procession of experts later, the source of the carbon monoxide remains a mystery. Toxicology professionals say that’s not just bizarre, but a possible danger to public health. With the question of origin unanswered, the city has red-tagged the apartment where they died but allowed tenants to stay in the building’s other three units…. In the Deakin Street unit, according to neighbors and authorities, a detector was located only on the ground floor, but not upstairs where the couple slept.” http://www.sfchronicle.com/bayarea/article/Berkeley-couple-s-mysterious-deaths-raise-11077092.php
Still Collecting Rent Next Door to Unexplained Deaths “Experts are calling the case “rare and odd,” noting it’s typically easy to pinpoint the origin of carbon monoxide in a case like this, and they add that the lack of answers is potentially a public health concern. Neighbors agree—though the unit where the Morashes lived has been red-tagged, the other three units in the building have been deemed safe…” http://www.newser.com/story/241431/deaths-of-couple-and-their-cats-baffle-cops-worry-neighbors.html
KNOW YOUR RIGHTS! Since 2013 all rental units with gas heat, appliances or garages have been required to have carbon monoxide detectors. Check your smoke and CO detectors today! STAY SAFE!
State Costa Hawkins Law Changes Delayed by Politics Former candidate for City Council Sean Barry wrote this anti-rent control article last week. Isn’t it a good thing Kriss Worthington kept his seat? In the article, Barry cites “research” from sources like Michael St. John, who works for Berkeley’s largest property owners! He also seems to think the Rent Board could change what is covered by Berkeley rent control – really, only the voters can do that, and we hope someday they will! http://www.berkeleyside.com/2017/04/13/opinion-costa-hawkins-repeal-shelved-lets-find-ways-lower-housing-costs/
San Jose Renters on Hunger Strike “Hernandez and two other renters’ rights advocates decided to go without food until the City Council meeting on Tuesday, when an item will be heard that would implement “just cause” provisions. Currently, landlords can kick a tenant out of their unit without giving any reason.” http://www.mercurynews.com/2017/04/15/san-jose-renter-advocates-on-hunger-strike-until-vote/
Repealing Costa Hawkins would solve a lot of problems for Berkeley.
This state law gives landlords the right to jack the rent upon vacancy, bans local laws to regulate rents on any post-1996 construction, and exempts single-family homes and condos from rent control too. To get the state to repeal Costa Hawkins is the first step to making rent control cover all rentals and work for all renters.
California Assembly Members Bloom (Santa Monica), Chiu (San Francisco), and Bonta (Oakland) introduced AB 1506 in February – the bill as currently written would repeal the 1996 Costa-Hawkins Rental Housing Act.
The Berkeley Rent Board voted to support this bill in March; City Council votes tonight.
To repeal Costa-Hawkins would also mean Berkeley can have the kind of rent control Berkeley voters wanted: the rent would not go up astronomically when a new tenant moves in. This means landlords have less motive for bogus evictions, tenants can afford to move as their lifestyle changes, and speculators are discouraged from using housing as a short-term investment.
Berkeley Tenants Union leaders considered postponing any support for the bill because too many changes could happen before the state legislature actually votes – two years from now! But upon advice from Tenants Together (we are a member organization of this statewide group) and because we saw a “Red Alert” to members of the mega-landlord group BPOA, we are asking that you TAKE ACTION!
Right now, AB1506 is at the Committee on Housing and Community Development.
No hearing date has been set.
1) Ask the sponsor Bloom to pledge not to amend AB 1506 by calling (916) 319-2050. Say you ask that Costa Hawkins be repealed, not amended.
Rent Board Delays Appointing Commissioner The Berkeley Rent Stabilization Board honored outgoing Commissioner Harr but decided to delay appointment of a new Commissioner until May. They chose to delay because Commissioner Murphy was absent due to a family emergency.
Here is the report that ranks contenders for the position, including several candidates who did not make the slate at the 2016 Tenant Convention. BTU is not taking a position yet, because most candidates are BTU members, including Stefan Elgstrand, Tim Kingston, and Christine Schwartz. http://www.cityofberkeley.info/uploadedFiles/Rent_Stabilization_Board/Level_3_-_General/TBD_Candidate%20search%20results%20and%20rec%20memo%20and%20attachment_FINAL.pdf
People’s Park Anniversary as UC Considers Building, Again April 23 is the anniversary celebration for People’s Park. “In 1968 the University used eminent domain to evict the residents and demolish all the houses on the block. Apparently they talked of plans to build needed student housing but nothing happened. For a year the empty lot was an eyesore, muddy and strewn with garbage. In April 1969 activists put out a call for people to help create a park. Hundreds came and cleared the ground, planted flowers and trees and built a children’s playground. They created a park, a People’s Park, that still lives today.” http://www.berkeleydailyplanet.com/issue/2017-03-31/article/45603?headline=Berkeley-s-People-s-Park-is-in-the-news-again–Lydia-Gans
BARF Lawsuit Could End Neighborhood Preservation The Bay Area Renter’s Federation, (SF BARF) known as a tool for developers and not a tenants group, is suing over a Council decision to deny permits at 1310 Haskell. “The law states that a city or county cannot deny the approval of a housing project that complies with its general plan and zoning ordinance without substantial evidence that it will negatively impact public health or safety.” http://www.dailycal.org/2016/10/31/lawsuit-alleges-berkeley-city-council-illegally-revoked-housing-development-permit/
Harsh Laws Drive Artists to Unsafe Warehouses The father of one artist who died in Oakland’s Ghost Ship Fire is speaking out about how impossible permitting processes and costly complex rules make it impossible for artists and musicians to make their spaces safe and legal and leave those without resources prey to slumlords. http://www.sfgate.com/bayarea/article/Father-of-a-Ghost-Ship-victims-urges-lawmakers-to-11005032.php
UN Report on Housing as Commodity “It details the shift in recent years that has seen massive amounts of global capital invested in housing as a commodity, particularly as security for financial instruments that are traded on global markets and as a means of accumulating wealth. As a result, she says, homes are often left empty – even in areas where housing is scarce.” https://www.theguardian.com/housing-network/2017/feb/28/un-report-lays-bare-the-waste-of-treating-homes-as-commodities
Report Itself “This influx of capital has increased housing prices in many cities to levels that most residents cannot afford – in some cities by more than 50% in a 5-year period. Housing prices are no longer commensurate with household income levels, and instead are driven by demand for housing assets among global investors. When housing prices skyrocket, low and sometimes even middle-income residents are forced out of their communities by high rent or mortgage costs. When housing prices plummet, residents face mortgage foreclosure and homelessness.” http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=21264&LangID=E
To comment to the Board, you must appear in person at 7 PM.
Short Term Rentals Tomorrow we hope the City Council will vote to pass (on second reading) a decent if not ideal law about short term rentals. BTU Steering decided to support this draft because the most important thing for Berkeley renters is that the city ENFORCE the rules about not turning rent controlled units into hotels! To date, the city has never responded to us about complaints BTU has filed regarding large landlords who rent multiple units on Airbnb. With the new City Council, and this new law, we hope to reduce the loss of permanent housing.
Save The Date: Better Tenant Protections As mentioned in our newsletter, the new Mayor Jesse Arreguin is going to move forward on better tenant protections by revising last year’s lame TPO. Council will review the new draft ordinance on March 14.
Two Berkeley renters died last week in a case of carbon monoxide poisoning.
News reports did not say if the building’s owner was required to have installed a carbon monoxide detector, but BTU thought this would be a good time to remind all renters that MOST apartments have been required by state law to have CO detectors since 2013. Single-family and duplex homes were required to have the alarms as of July 2011.
Carbon monoxide does not smell. CO alarms are required on every floor, including basements, and should be placed in hallways outside of bedrooms. The law applies only to homes and buildings that have a gas heater or appliance, fireplace or attached garage. It is the renter’s responsibility to check and replace batteries.
500 People Die Each Year “Because it is not a disease that requires reporting for record keeping, it is difficult to find statistics on how many illnesses and deaths occur from carbon monoxide poisoning in the Bay Area. But about 500 people die and 20,000 are injured each year nationwide, according to the Centers for Disease Control and Prevention. In San Francisco, Pacific Gas & Electric crews have responded to 757 carbon monoxide investigation calls so far in 2012, said utility spokesman Joe Molica.” http://www.sfgate.com/bayarea/article/Monoxide-detector-rules-expand-Jan-1-4079115.php
Short Term Rentals to new City Council January 24th
There are two proposals before the Council tomorrow. One would allow folks who have been breaking the law by renting their “in-law” unit to visitors to continue to do so while continuing to ban others with in-laws (the ones who have been abiding by the current law) from short term rentals. Yes, you heard me. Item 41a would reward some duplex owners who have been breaking the law by “grandfathering” their short term rentals! This item is a carry-over from the previous City Council, and BTU hopes and expects the new Council to see the inherent risk to renters and reject Item 41a.
Instead, BTU is asking the City Council to support proposals by the Rent Stabilization Board (see below) which would make Item 41b into a short term rentals law much closer to what we have all hoped for: one that would protect our housing stock while allowing owners and tenants to rent their own homes out on AirBnB and other platforms now and again for some extra cash.
BTU did not make these signs, but we were happy to see them
When is a Kitchen not a Kitchen?
The whole vote on Tuesday will be made extra-confusing by an adjunct proposal; Item 42 changes the definition of kitchen. This may also be an issue renters and those concerned with housing policies will want to weigh in on: can folks rent their converted garage or other “Accessory Building” as a short term rental? Under Item 41b and 42 the answer will be yes, as long as the building does not have a history of being rented for the long term.
There is just one problem with this compromise regarding Accessory Buildings: the new definition of kitchen says a kitchen is not a kitchen if the refrigerator is small! A kitchen would now be defined as “A habitable space used for preparation of food that contains at least a sink, a refrigerator of no less than 10 cubic feet, and either a cooktop and an oven, or a range.” This leads to the questions: if you can put a full kitchen in your garage, then why would we allow it to be a vacation rental but not a permanent home at a time when we need housing? If you put a kitchen in your garage, will it be safe for short or long-term renters? BTU has always said we are fine with folks renting their garage as a short term rental if it does not have a kitchen, and thus could not be used for long-term housing.
Short Term Rentals Enforcement
Last summer the Council also directed staff to take action to enforce the existing ban on rentals of less than 14 days if an owner had more than three units listed for the short term. BTU worked with Councilmember Worthington’s office to provide information about several such owners. So far we have not heard of any action taken. Also last summer, the staff from Berkeley put out an RFP and decided to hire a private firm called Host Compliance to enforce the new rules. The firm also contracts with Oakland, Napa, Los Angeles, Denver, Toronto and many other cities, according to their website.
The Rent Board’s recommendations to Council also include language to make enforcement of the new law more effective.
Rent Board Gives Advice “The Board is requesting that Council consider proposed revisions to language in the definition of Short-Term Rental (23C.22030 –D) and Host Residence (23C.22030 –D). I addition, we believe there should be a definition for Long-Term Rental and have provided possible language. The Board also recommended that Council adopt enforcement language similar to the City of San Francisco to prevent hosting platforms from ignoring local regulations.” RSB to Council: rent-board-strs-2017 Harr / Simon-Weisberg Proposal: harr-simonweisberg-strs-2017
Soto-Vigil Proposal: soto-vigil-strs-2017
Student Groups Support Harrison in District 4 “We have an opportunity in Berkeley today to lead the way on progressive solutions to our nation’s challenges and ensure that the legacy we leave for those who follow in our paths is an equitable, sustainable, affordable and livable community for years to come. Kate will bring the lessons she has learned from her work as a consultant on the global stage to keep our city welcoming and inclusive and make it an even better place to call home.” http://www.dailycal.org/2017/01/20/students-support-kate-harrison-district-4-city-council-special-election/
SF Tenant Gets $400,000
“A San Francisco woman was forced out of her home when she was hit with a 400 percent rent increase in 2015. The renter’s attorney announced Tuesday that his client had won a $400,000 settlement in her lawsuit alleging an unlawful eviction.” http://abc7news.com/realestate/san-francisco-renter-wins-$400000-settlement-/1707689/
Permits Bureaucracy Drives Events Underground “Everything about the permitting system is designed to discourage the type of electronic music events that people want to hold, Keenan said, from dropping off special permit applications at the city’s Eastmont police substation on 73rd Avenue, to the applications themselves that say in block-faced letters: “Dancing is not permitted between 1 a.m. and 9 a.m.” Plus, permits have to be filed at least 30 days in advance. And, it can also be incredibly costly, he said. Each permit has its own associated fee, and while special event permits are only $50, extended-hour cabaret licenses can run as high as $2,900, according to the city’s master fee schedule. There’s also the added cost of hiring security for the event if the city deems it necessary, and acquiring insurance, which is also required.” http://www.eastbaytimes.com/2016/12/09/musicians-artists-costly-permitting-system-forces-events-underground/
Oakland Tries to Shut Down Legit Activist Space David Keenan is a BTU Member. “Omni founding member David Keenan said the experience calls into question public statements from Mayor Libby Schaaf that city officials would not be conducting a “witch hunt” and would be using “compassion” in their handling of fire and code enforcement complaints. Those types of complaints spiked in the two weeks after the deadly Ghost Ship warehouse fire in Oakland’s Fruitvale neighborhood earlier this month.” http://www.eastbaytimes.com/2016/12/28/omni-commons-experience-highlights-oaklands-heavy-handed-approach-for-artist-spaces/
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.
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
At the April 2016 Tenant Convention – sponsored by BTU and many other community organizations – a record turnout of Berkeley progressives selected a team of four candidates for Rent Board. Christina Murphy, Alejandro Soto-Vigil, Leah Simon-Weisberg and Igor Tregub are your team – vote CALI!
However, the Pro-Tenant CALI team has opposition! Sitting landlord Commissioner Judy Hunt only managed to recruit one young property manager to run for election as part of her slate.
Property Manager Nate Wollman
One of the major differences between the two groups is their positions on the ballot measures that most impact renters: Measure AA and Measures U1/DD. The team chosen at the Tenant Convention all support Measure AA and Measure U1 and consider the landlords’ measure DD a dangerous deception. Hunt was the only vote on the Rent Board not supporting U1. She repeatedly refused to vote for Measure AA as a Commissioner, though it was put on the ballot at the request of the Rent Board to update parts of the Rent Ordinance which got behind the times. (Measure AA is non-controversial, has no official opposition except Hunt and Wollman, and is endorsed by the School Board and Berkeley Federation of Teachers.)
Property Manager Wollman is one of the main critics of Measure U1’s exemption of new construction from the tax to encourage building of more housing, although he strongly supports more development in his Rent Board platform. “We have a lot of so called progressives that harp on the ideals of making this city more inclusive, more affordable, more accessible to students and low income renters and then go an protest at zoning board meetings about proposed developments,” Wollman told Berkeleyside.
Learn More About CALI:
The schedule shows the CALI team is out talking to voters with their supporters every Saturday and Sunday. They also plan to hold phone banks. http://berkeleyrentboard.org/
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.
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
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/
