Author: berkeleytenants

By Posted on Posted in Counseling

**If your landlord threatens to evict you for ANY reason, immediately email info@berkeleytenants.org with the subject line “I AM BEING EVICTED” so we can provide you help ASAP. (California tenants outside Berkeley should call Tenants Together at 888-495-8020.) Because of the extremely unfair legal deadlines for tenants facing evictions, it is crucial for tenants to react very quickly to eviction notices (even for blatantly illegal evictions). Do NOT wait to use our counseling clinic if you are facing an eviction.**

BTU is proud to hold a free monthly counseling clinic, where any East Bay* tenant may speak with a professional tenant attorney.  Our next clinic will take place next Thursday, January 26 at 3-5PM via phone.  In order to use the clinic, you must sign-up for a spot here by 11:59PM Sunday, January 22 (i.e. FOUR days before the clinic).  However, we only have a very limited number of spots available; priority is always given to BTU members (see below for how to join or renew your dues), followed by sign-up order.  (Members are also told about our clinics earlier than non-members.)

You can join BTU/pay your dues by going to our website and clicking the yellow “Donate” button in the upper-right corner.  Dues are a sliding scale of just $10 – $27 per year; however, those who can afford to pay more are strongly encouraged to do so.  If you’d prefer to pay dues by cash or check (which lets BTU avoid paying a transaction fee), please email info@berkeleytenants.org to have someone come pick up your dues in-person (we’ll do so in a way that maintains proper social distancing).

* Our clinics’ tenant attorneys are unfortunately only able to assist tenants living in Alameda and Contra Costa Counties. If you are a tenant who lives in Solano County (or anywhere else in California), we encourage you to call Tenants Together at 888-495-8020 for counseling.

By Posted on Posted in Issues

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

Deaths Preventable, Says Lawsuit
http://www.eastbaytimes.com/2017/04/18/berkeley-landlords-sued-over-deaths-by-carbon-monoxide-poisoning/

 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!

Bedbugs on University Avenue
“Gadson alleged that although Raj Properties promised to exterminate the bedbugs by January, his room was not sprayed by RidX Pest Control until Feb. 17.”
http://www.dailycal.org/2017/04/11/uc-berkeley-extension-alumnus-allegedly-living-bedbug-infested-building-owned-raj-properties/

Raj Properties map, rent, and photo
Room $1000 – Bedbugs Free

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/

 

 

By Posted on Posted in Actions

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.

2) Use this form to write our state reps:
http://tenantstogether.org/campaigns/repeal-costa-hawkins-rental-housing-act

3) Post a link to this BTU post on Social Media and ask friends in Santa Monica to also telephone Bloom.

City Council May Support AB1506 April 4
http://www.ci.berkeley.ca.us/Clerk/City_Council/2017/04_Apr/Documents/2017-04-04_Item_09__Support_of_AB_1506__Repeal_of_Costa-Hawkins.aspx

More on Costa Hawkins
Berkeley Property Owners debate Rent Board Staff on KALW
http://kalw.org/post/debating-costa-hawkins-should-we-strengthen-or-shrink-rent-control-laws#stream/0

History Lesson: How Costa Changed Berkeley
http://www.tenant.net/Other_Areas/Calif/berkeley/ca-leg/ab1164.html

The Law Itself Is Really Hard to Read
http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=9516

Track Changes to This Bare Bones Bill Here:
http://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201720180AB1506

REMINDER: CONTACT ASSEMBLY MEMBER BLOOM TODAY!

By Posted on Posted in Issues

Updates

Rent Board
Tonight the Berkeley Rent Board will vote to narrow down the candidates who are applying to fill Commissioner Harr’s seat on the Board. There were over 16 applicants including many BTU members, several folks who serve on other Berkeley Commissions, and former landlord Commissioner Judy Hunt, who was just voted out of office!
To see applications look in the agenda packet:
http://www.cityofberkeley.info/uploadedFiles/Rent_Stabilization_Board/Level_3_-_General/Item%204.a.(2)_Applicant%20submittals%20by%20name.pdf

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.

Some owners offer each room as a separate STR.

Read it here (Item 1):
http://www.cityofberkeley.info/Clerk/City_Council/2017/02_Feb/City_Council__02-28-2017_-_Regular_Meeting_Agenda.aspx
Support Item One by Emailing:
council@cityofberkeley.info

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.

By Posted on Posted in Issues

At a meeting in January, BTU selected fellow Tenants Union member Kate Harrison as the best candidate for renters in the District 4 Special Election for City Council.

Kate Harrison won overwhelming support at the endorsements meeting since she is already well-known for her leadership in getting the landlord tax passed last fall (Measure U1) as well as for her community work making sure big developers are forced to fund affordable units in Berkeley. Her platform also includes using a portion of the transfer tax on homes sold in Berkeley to fund even more low-income housing. Kate also wants to allow limited equity coops to use Housing Trust Fund money to purchase existing rental housing in order to keep it affordable.

Learn More About Kate’s Housing Proposals
http://electkateharrison.com/issues/

Video from League of Women Voters Forum
https://www.lwvbae.org/elections/

The election is being held by mail to save costs. Ballots must be in by March 7th. The special election is needed because BTU member Jesse Arreguin, who was the District 4 Councilmember, was elected mayor last November.

Ben Gould Corrects Campaign Violations
“…violations of the Berkeley Election Reform Act had been committed, but determined that the violations had been corrected promptly.”
http://www.eastbaytimes.com/2017/02/17/berkeley-watchdog-panel-declines-further-probe-into-gould-campaign/

How the Candidates Differ
“Harrison emphasized protecting existing tenants against displacement by limiting short-term housing, protecting rent control, and enforcing rules on owner move-in evictions.”
http://www.eastbaytimes.com/2017/01/25/berkeley-candidates-for-vacant-council-seat-differ-on-approaches/

Harrison Q&A
“I would like to expand the current program helping building owners pay for energy improvements through their property taxes to include safety improvements for artists’ live/work spaces to avoid repeating the tragedy at the Oakland Ghost Ship. We cannot afford to lose our creative community either through disaster or displacement.”
http://www.berkeleyside.com/2017/02/07/district-4-candidate-kate-harrison/

 

By Posted on Posted in Issues

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/

Rent Board Announcement
filling Bd vacancy (2-6-17)

By Posted on Posted in Issues

re: Item 1, Second Reading of Short Term Rentals Law

Berkeley Tenants Union letter to City Council

February 14, 2017

Berkeley Tenants Union members have spent countless hours waiting to address the City Council in the past several years to deliver our message: in order to protect our rental housing stock, Council should only ease the ban on Short Term Rentals (STRs) a little bit at a time. We have been asking City Council for years to please JUST allow renters and owners to rent THEIR OWN HOMES for the short term, and move on to enforcing the existing ban on other STRs as soon as possible.

We remind you that the ban on renting for less than 14 days was created to make sure there was not an easy way around rent control protections.

We remind you that all permanent housing – even housing that is not rent controlled – contributes to the diversity and affordability of Berkeley.

Some people say they want a compromise; allowing short term rentals for unlimited days when the owner is present WAS a compromise — those rooms could ALSO be used for students and other permanent residents.
 We join the Rent Board in asking Council to please change the language in Section 23C.22.020D  – BTU has always asked that Council not allow rentals for less than 14 days in any whole unit that could be used for people who live and work in Berkeley. Berkeley Tenants need you to preserve all existing housing for residents, and to create new housing. We do not want new accessory dwelling units (ADUs) to be used as vacation rentals – we worked hard to get that into the initial Council referral for the ADU law many years ago – but it did not get put into that final draft. Berkeley Tenants have always asked that Council not allow STRs in any existing in-laws, or even converted garages – if they have a kitchen. It doesn’t matter if someone bought it last week, wants to use it for their nanny, father or second cousin. Berkeley people need that housing!

We are very concerned that Section 23C.22.020D will encourage new owners to evict long term tenants.

BTU members have also been consistent in our other message — simple laws make for better enforcement. Allowing some ADUs to be short term rentals but not others will be confusing for owners as well as adding an additional layer, and thus additional costs, for enforcement.

We did not send people to the Council meeting on January 24th because we thought that the leaders we worked so hard to get elected this fall had heard our pleas. We are not asking members to come out on Tuesday for the same reason – we expect you to preserve housing and create new housing, not establish new hotel rooms.

Please don’t let us down!
 
New York Gives First Fines to Owners
“Cames was described by the city council as a broker who bought a Brooklyn brownstone for $2m in 2015, and then rented five apartments inside it via Airbnb. She was fined $1,000 for each apartment.”
https://www.theguardian.com/technology/2017/feb/12/airbnb-hosts-new-york-fines-government-illegal
Barcelona First City to Fine Airbnb
“Airbnb’s business in the city has almost doubled in two years, rising to 20,000 listings from 11,000 in 2014….Even so, its rapid growth has aggravated city authorities who slapped a 600,000-euro ($644,160) fine on Airbnb in November for advertising what they deemed to be illegal room rentals, becoming the first city to do so.”
https://www.bloomberg.com/news/articles/2017-02-08/barcelona-rejects-airbnb-plan-to-limit-rentals-in-fresh-clash
There But For Fortune
“Clearly, cities with a much longer history of tourism than Charleston have concluded that there is such a thing as too much. In October, Barcelona residents rated tourist numbers as second only to unemployment as the city’s biggest problem. The problem there, which is an increasing problem in Charleston too, is that those tourists are driving up the cost of renting apartments for residents in the city.”
http://www.postandcourier.com/opinion/editorials/take-a-tip-from-barcelona/article_82aebb12-e7ef-11e6-8ca7-b7e9e53783b1.html

By Posted on Posted in Issues

co-detectTwo 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.

Smoke detectors are required in all units.

Poison Gas May Have Come from 3D Printer
http://sanfrancisco.cbslocal.com/2017/01/27/source-carbon-monoxide-poisoning-killed-berkeley-couple/

More on Deaths at 3028 Deakin Fourplex
http://www.berkeleyside.com/2017/02/03/berkeley-police-carbon-monoxide-caused-death-couple-cats/

http://www.berkeleyside.com/2017/01/28/carbon-monoxide-laser-cutter-may-caused-mysterious-deaths-berkeley-home/

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

Where to Place Detectors
http://www.ci.berkeley.ca.us/Planning_and_Development/Housing_Code_Enforcement/Carbon_Monoxide_Devices.asp

By Posted on Posted in Issues

Berkeley Tenants Union members voted overwhelmingly to support BTU member Kate Harrison for City Council in the upcoming special election.

harrisonendorsements-meeting-01-08-17-02

On Sunday, BTU joined with old friends Berkeley Citizens Action and new allies Berkeley Progressive Alliance to host a forum between the two candidates for District 4, Berkeley’s downtown City Council district. Berkeley will hold an election by mail to fill the seat left open when BTU member Jesse Arreguin became Mayor. Ballots must be postmarked by March 7.
Only about 20% of BTU members made the trek in heavy rains to cast a vote, yet almost every audience member submitted a question for the forum. The majority of questions focused on housing, displacement, and homelessness, but police accountability was also an issue. To guide members in voting, BTU / BCA / BPA also distributed responses from Harrison and graduate student Ben Gould to members of the three groups before the meeting.

questionnaire-harrison

questionnaire-gould

Gould was a good sport about supporting the landlord tax U1 in the last election, but he did tell the Daily Cal that the main differences between himself and Kate Harrison are their policies regarding housing, so BTU voters should take a close look at both candidates.

all photos: Christine Schwartz
all photos: Christine Schwartz

Support the Renter’s Choice
http://electkateharrison.com/

More on Harrison
Former Mayor Gus Newport spoke at Harrison’s press conference. Harrison is already endorsed by Mayor-Elect Arreguín, UCB’s Progressive Student Alliance, Sandre Swanson, Jean Quan, Councilmembers-Elect Sophie Hahn and Ben Bartlett, and seven Rent Board Commissioners so far.
http://www.dailycal.org/2016/11/30/kate-harrison-kicks-off-campaign-district-4-city-council-seat/

More Info on Election and Vote by Mail
http://www.ci.berkeley.ca.us/elections/

BTU Member Kate Harrison Runs in Special Election
“Arreguín, on his last day as the District 4 City Councilman, introduced Harrison, who has served on the Housing Advisory Commission, the Parks Commission, the Waterfront Commission and is a co-founder of the Berkeley Progressive Alliance.”
http://www.berkeleyside.com/2016/12/01/kate-harrison-begins-her-campaign-for-the-district-4-berkeley-city-council-seat/

Harrison Has Experience
“As a leader in passing Measure U-1, Harrison led volunteer efforts to secure $4 million a year in new revenues from the windfall profits of Berkeley largest landlords. These new revenues are to use to create and preserve affordable housing for the people of Berkeley.
Harrison earned her master’s degree in Public Policy from Berkeley’s Goldman School.
In her professional career, Harrison has managed state and municipal budgets and improved government efficiency while ensuring vital public services are maintained and employees treated fairly. Harrison’s work experience includes policy and executive positions in the San Francisco Mayor’s Office under Art Agnos, and at the California Administrative Office of the Courts….”
http://berkeleydailyplanet.com/issue/2016-11-25/article/45183?headline=Kate-Harrison-Enters-Berkeley-District-Four-Council-Race

Daily Cal on District 4
http://www.dailycal.org/2016/11/17/3-candidates-vie-mayor-elect-jesse-arreguins-city-council-seat/

Gould Supported By BARF
The Bay Area Renters Federation, known as a tool for developers and supporter of Air BnB, backs Gould.
http://www.sfbarf.org/

Learn About Ben Gould
http://www.bengould.org/

League of Women Voters Forum January 19
https://kpfa.org/event/berkeley-city-council-district-4-candidates-forum/