File Dec 24, 2 04 50 PMCode Enforcement Item Passes at City Council
Jesse Arreguin’s item asking for changes to Berkeley’s Rental Housing Safety Program passed on the consent calendar after being postponed for several meetings. Of course, the item doesn’t yet set policy, it just asks for a report back from the City Manager regarding costs for proactive rental housing inspections and other proposed improvements.
Berkeley City Council also passed Arreguin’s item to have Berkeley staff look into the feasibility of creating a “small sites program” to help nonprofits – such as student co-ops – purchase small multi-family buildings.
District 7 Council Member Kriss Worthington’s item requesting our state representatives to work to increase the California housing tax credit for low income residents also passed on consent, but several other housing items Worthington had introduced for an October meeting were held over for a fourth time and will be heard January 12th.

Rental Housing Safety Program Item:
http://www.ci.berkeley.ca.us/Clerk/City_Council/2015/12_Dec/Documents/2015-12-01_Item_28_Revising_the_Rental.aspx
more info:
https://www.berkeleytenants.org/?p=1456

Related: More Library Gardens Balcony Lawsuits
As well as blaming contractors involved in the construction, lawyers claim the company which managed the Library Gardens apartment complex did not want to spend money on remedial work or investigations as it was motivated to maximise profits.”
http://www.independent.ie/irish-news/berkeley-tragedy/berkeley-lawsuit-claims-red-flag-warning-ignored-34300516.html
“Some of the Irish students who witnessed the Berkeley balcony collapse but who were not injured are expected to file lawsuits over their emotional distress, according to a new court filing in California.”
http://www.irishtimes.com/news/ireland/irish-news/berkeley-witnesses-expected-to-file-lawsuits-over-incident-1.2459187

Students Getting Involved!
BTU has added many student members this year, including two recent graduates and one current student who now serve on the steering committee of your Berkeley Tenants Union. The Associated Students of the University of California joined with BTU in appealing the demolition on Durant, and the ASUC has also formed a Student Housing Committee to create a Housing Action Plan to address how the housing emergency is impacting students.
“The committee is considering several potential solutions to address the campus’s housing shortage, such as constructing additional buildings in the courtyards of Unit 1 and Unit 2 and earmarking parts of the university budget to building more affordable housing…The committee also discussed plans for a Housing and Tenants’ Rights Week, tentatively scheduled from Feb. 8-13, and a possible large public event to bring awareness to student-housing issues.”
http://www.dailycal.org/2015/12/11/asuc-student-housing-committee-discusses-housing-tenant-rights/

In Other News 

Fire Highlights Problems With Relocation Law
At issue was Berkeley’s Relocation Ordinance, written in 2011 and designed to support tenants who are temporarily forced out of their rental units. It applies most often to planned renovations that displace tenants — as well as to relocation due to fire or code enforcement, except in the case of an earthquake or other natural disaster. Under the ordinance, tenants are entitled to “relocation payments from the property owner to mitigate the costs associated with a temporary move,” until they can move back into the unit.”
http://www.berkeleyside.com/2015/12/10/tenants-scramble-to-relocate-after-dwight-way-fire/

Oakland Ellis Evictions
With no-fault evictions on the rise, Oakland is considering a relocation fee that will be higher than San Francisco’s or Berkeley’s.
http://www.eastbayexpress.com/SevenDays/archives/2015/12/07/ellis-act-evictions-on-the-rise-in-oakland

Lafayette Wants Rent Control
This summer, the Bay Area suburb of Lafayette backed down on a city moratorium on rent increases when controversial landlord Sack Properties agreed to limit increases to 10%. However, tenants say the owner added on new charges and fees instead of raising the rents. Now renters are back before the City Council asking for protections.
“He outlined the many charges and fees: water charges, marked-up garbage costs, pet rent, parking rent, mandatory renters insurance, questionable language in new leases that give the landlord the right to evict tenants for anything deemed to be an excessive mess, and a $3,000 charge for an early break of the lease.
A parade of concerned tenants spoke to the council about all of these issues, emphasizing the serious inconsistencies in utility charges, and lack of transparency.”
http://www.lamorindaweekly.com/archive/issue0920/Tenants-Criticize-Landlord-Practices-Again.html

Redwood City Wants Rent Control
Across Redwood City, the median rent price for two-bedroom apartments increased from $2,500 to $3,800 since 2012, according to the real estate website Zillow. Minimum wage and other full time workers are unable to afford those rents. They end up having to move out of the area and in sometimes quitting their local jobs.”
http://ww2.kqed.org/news/2015/12/21/redwood-city-renters-officials-face-off-as-housing-crisis-intensifies

Zoning Board remand will be February 25th
Zoning Board remand will be February 25th

Berkeley Tenants and the students of the ASUC filed an appeal last summer to stop the demolition of 18 rent-controlled units on Durant. Berkeley’s City Council finally heard the appeal on December 1st, but just sent the decision back to the Zoning Board with instructions for the volunteer board to pay close attention to several issues in the appeal as well as a lengthy economic report submitted by the Rent Board.
Both the ASUC and BTU had dozens of speakers present to highlight various aspects of the problem, and emphasize that this would be a far-reaching policy decision for the Council, not just about this one project. The Council seemed particularly swayed by a letter from a former student tenant. But in the end, there wasn’t even that much deliberation, and no decision, just a remand.

On the one hand, BTU is pleased that the Council did not uphold approval of the project, because this would be the first time in history that our city would agree that a developer can’t make a profit by rehabilitating an older building instead of tearing it down. On the other hand, it would be nice to see our elected leaders stand up for affordable student housing. BTU had hoped the Council might chastise the developer for encouraging damage to his own building in order to claim he could not afford to fix it.

It is not yet known when the ZAB (Zoning Board) will hear the appeal. In the meantime, the 4×4 Committee, which is where the Rent Board meets with the City Council, discussed changes to allow more demolitions while protecting tenants and creating affordable housing.

“In approving the demolition permit, the ZAB agreed with the owner’s financial projections that it could not make a fair rate of return on its investment if it were to rehabilitate the building in its existing configuration — a notion contested by Pamela Webster, Lisa Stephens and Matthew Lewis in an appeal on behalf of the Associated Students of the University of California. The trio noted, moreover, that the owner allowed the building to deteriorate by keeping it vacant and inviting the Berkeley Fire Department to do training exercises there in late 2014, which involved cutting holes in the roof.…
Dozens of speakers warned that upholding the demolition permit would set a dangerous precedent. They warned that it would encourage landlords to pay exorbitant prices for rent-controlled buildings and let them go to waste while expecting the city to guarantee them a good return by allowing them to tear down the buildings and build larger ones with market-rate apartments.”
http://www.contracostatimescom/breaking-news/ci_29192392/berkeley-council-sends-permit-demolish-rent-controlled-building

For More About the Demolition Ordinance:
https://www.berkeleytenants.org/?page_id=773

Zoning Board Approved Kennedy Bait-and-Switch
A while ago, infamous Berkeley developer Patrick Kennedy (Panoramic) got approval for a residential hotel which was to house folks making less than 120% of area median. The other day, Zoning allowed him to change the project to tiny studio apartments (300 square feet) with no parking. Kennedy will make two of the 22 units at 2711 Shattuck affordable to 120% AMI, and two affordable to folks making 50% of Area Median Income. The other 18 will be market rate. Commissioner Denise Pinkerton was particularly vocal, condemning other ZAB members for calling for more affordable units.
http://www.berkeleyside.com/2015/12/14/berkeley-zoning-board-approves-new-units-on-telegraph-shattuck/

Videos From the November 22 Housing Teach-In:
https://www.youtube.com/playlist?list=PLS2O9Gttsg5cwvAjJi-VMccKBLLu3-Iun

teach-In

Media Estimates 180-plus Attended Teach-In November 22

“Audience members lined the walls, balcony and sat on the floor for the “teach-in,” organized by the Ad Hoc Committee for a Progressive Berkeley in conjunction with eight other advocacy and tenants’ rights organizations.”
http://www.berkeleyside.com/2015/11/24/20k-a-month-for-berkeley-house-skyrocketing-rental-prices-draw-crowd-to-housing-affordability-teach-in/comment-page-1/

“Among the ideas discussed, Stephen Barton, panelist and former deputy director of the city’s Rent Stabilization Program, proposed an affordable housing tax that taps into the excess profits landlords receive from rent. Revenue from the tax would be used to aid the development of below-market-price housing.”
http://www.dailycal.org/2015/11/23/community-members-meet-affordable-housing-teach/

“Areas included housing for teachers and firefighters; those sleeping in doorways; workers who can’t pay escalating rents; seniors whose fixed income is less than even small rent increases allowed under rent control; students stuffed five or more into two-bedroom apartments; and very low income tenants with federal housing vouchers that no local landlord will accept.”
http://www.insidebayarea.com/breaking-news/ci_29160259/berkeley-panel-urges-community-activism-address-housing-crisis

“The city is an increasingly unaffordable place for low- and moderate-income households and for students, which is threatening the city’s valued diversity,” according to the Berkeley Progressive Alliance, which is sponsoring the event. Co-sponsors include Sustainable Berkeley Coalition, Berkeley Citizens Action, Berkeley Tenants Union, California Public Interest Research Group (CALPIRG), the Berkeley NAACP, Black Student Union of Berkeley City College and the Better Berkeley Working Group.There will be a panel composed of former Berkeley Housing Director Stephen Barton; affordable housing activist Moni Law; Rick Lewis, executive director at Bay Area Community Land Trust; Berkeley Student Cooperative President Austin Pritzkat; and Katherine Harr of the Berkeley Tenants Union.”
http://www.contracostatimes.com/breaking-news/ci_29145519/berkeley-affordable-housing-teach-explore-solutions-skyrocketing-rents

A Similar Message at City-Sponsored Panel
“Christina Murphy, with the Friends of Adeline Corridor, spoke from the audience, saying in her work as housing case manager at the Berkeley Drop-in Center, she sees a growing number of seniors and people working three jobs without housing.” People going to Cal live in their cars,” she said, arguing the solution is a windfall profit tax on landlords, a proposal the city council will address.” People are building in our town and not putting in the money they should,” she said.”
http://www.contracostatimes.com/bay-area-news/ci_29124916/berkeley-few-prospects-affordable-housing-panel-says

Public Finds City-Sponsored Panel Lacking Solutions
“No mechanism was described whereby the people would gain a seat at the planning tables, at which they could actually shape the course of things to come. But still, it was called “participation.” The issues involved, from the neighborhood’s perspective, in these prior meetings, were clear. Affordable housing, no dislocation, no evictions; at several meetings, that was summed up as a call for a moratorium on market rate housing until the need for affordable had been satisfied. Somehow, none of that appeared in this A-H 101 session.”
http://www.berkeleydailyplanet.com/issue/2015-11-20/article/43940?headline=State-of-Emergency-101—Steve-Martinot

Broken Elevator Illustrates Need for Code Enforcement
The elevator at Acton Courtyard – owned by Equity Residential and exempt from the Rent Ordinance because it is recent construction – was broken for 14 days, despite Berkeley codes which require repair within 24 hours. Disabled residents were trapped in their homes or unable to access their units.
Changes to Berkeley’s code enforcement will be discussed at Council December 1.
http://www.berkeleyside.com/2015/11/24/broken-elevator-strands-disabled-berkeley-tenants/comment-page-1/

No Place for Students
The UC system is adding 10,000 students and Mayor Bates says Berkeley might get 4,000 of those. Currently, UCB houses only 8,244 of their 37,581 students. Now, students say a proposed city law regarding Group Living Accomodations will make it harder for student co-ops to provide affordable housing and build community. Meanwhile, private dorms like Casa Cedar and The Berk are charging students $1000-$1400 a month TO SHARE a room.
http://m.eastbayexpress.com/oakland/where-are-students-supposed-to-go/Content?oid=4588970

Oakland to Increase Rent Board Fee
“The city needs to triple the existing fee that funds the program, from $30 to $110 per every rental unit, or it will be unable to enforce its rent adjustment rules and resolve tenant landlord disputes. However, both landlord and tenant advocates are opposing the proposed fee increase, on the grounds that it’s excessive.”
http://www.eastbayexpress.com/oakland/eviction-and-rent-hike-complaints-skyrocket-in-oakland/Content?oid=4580708

Tony Thurmond’s Housing Town Hall
“Some solutions proposed, such as increasing the impact fees levied on building developers, were quite popular among the audience. Acknowledging others that were not, such as adding an annual tax to cable subscriptions to fund affordable housing, Thurmond requested at the onset that the audience members ‘boo quietly’ if they wished to.”
http://www.dailycal.org/2015/11/15/assembly-member-holds-town-hall-on-affordable-housing-shortages-talks-solutions/

SF Mission Home For Sale at Discount
It’s kind of sad that selling your house for only $650K makes the news, but what this woman did for her Mission District community is still cool.
http://sfist.com/2015/11/25/woman_sells_mission_apartment_for_2.php

History Lesson
This good tenant attorney blog gives a little etymology.
http://crowandrose.com/2009/06/they-dont-call-em-landlords-for-nothing-2/

…And the Fun Never Ends
Councilman Arreguin may bring back necessary changes to the demolition ordinance at the December 15 City Council meeting.