The Honorable
Hannah-Beth Jackson
Chair, Senate Committee on Judiciary
State Capitol, Room 2187
Sacramento, CA 95814
Fax: (916) 403-7394
RE: Support –
SB 529 (Durazo)
Dear Chair
Jackson & Committee Members:
On behalf of the Berkeley Tenants Union, I write in support of SB 529 (Durazo), a bill that would provide crucial protections for vulnerable tenants. The Berkeley Tenants Union advocates for tenants legislatively, both in the City Council and the State Legislature. We also work with tenants directly to address their issues.
Much as a labor union is key to winning fair treatment of workers, a tenant association is a crucial part of balancing power between landlord and tenants. Acting together, tenants can gain bargaining power, but too often tenants who organize with their neighbors frequently face retaliation and eviction.
SB 529 recognizes the right to form a tenant association and extends crucial protections to tenant association members. Specifically, the bill provides that any tenant who forms or joins a tenant association shall have the following rights:
1. No eviction of the tenants in the tenant association except for cause
2. A right to engage in rent strike – landlord must bargain in good faith about grievances and may not evict for nonpayment during the negotiation period
3. Five times current penalties for retaliation or violation of this law
The bill
provides essential protections for tenants to prevent retaliation for
organizing activities. We request your support for this bill. Thank you for
your consideration.
Sincerely, Julia Cato Berkeley Tenants Union, Chair of Steering Committee
You could also read the bill, or check its status, here: “This bill would declare that tenants have the right to form, join, and participate in the activities of a tenant association, subject to any restrictions as may be imposed by law, or to refuse to join or participate in the activities of a tenant association. The bill would define “tenant association” for these purposes and require a tenant association under these provisions to adopt bylaws or an operating agreement for purposes of its internal governance.” https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB529
Berkeley Tenants Union Membership Meeting/Relaunch When: Monday, June 3, 6-8:30PM Where: Sports Basement (2727 Milvia St., Berkeley, California 94703; located in South Berkeley) Facebook event:www.facebook.com/events/1656290374677685/
Join
the Berkeley Tenants Union on June 3 (6-8:30PM) at Sports Basement in
South Berkeley (2727 Milvia St, Berkeley, CA 94703) for a general
membership meeting/relaunch of BTU! Whether you were previously a member
of BTU or are interested in joining for the first time, you won’t want
to miss this great meeting.
A formal agenda will be announced closer to the meeting date, but topics will include:
An introduction to the Berkeley Tenants Union California Senate Bill 529 (Tenant Right to Organize/Protecting Tenant Voices Advocacy) and forming building associations Information about the Berkeley Rent Board, including what protections and services it offers for tenants in both rent controlled and non-rent controlled in building, as well as your rights as a tenant in general Information about counseling services A question and answer period (e.g. “What happens if my landlord does X?”) How to get more involved with BTU
If you want to help us get the word out to tenants about this important meeting, please email info at berkeleytenants dot org. We are especially looking for volunteers to hand out our flyers and talk to tenants about this meeting. The Berkeley Tenants Union is volunteer led and membership supported. We are only as strong as our members.
Measure U1 Allocations To Be Discussed Tuesday July 11
BTU Needs You to Push for Rental Assistance! The City Council is beginning to discuss how to spend money from the 2016 landlord tax, Measure U1.
You may have seen emails from our allies asking you to comment on Measure U1 funding for particular affordable housing projects, but we want you to remind the Council that a portion of Measure U1 funding is also designated for homelessness prevention. It was always the intention of the authors of the 2016 ballot measure that some money go to reinstate Berkeley’s rental assistance program and boost the number of low-income renters that can defend themselves against Berkeley’s many bogus eviction attempts.
BTU is calling for you to contact the City Council to ask that renters get their fair share from the new tax on high rents generated by Measure U1 – because rent control is Berkeley’s most effective affordable housing program! With about 20% of Berkeley below the poverty level, keeping folks in their rent controlled units is certainly homelessness prevention! The market rent for a new tenant in an older, rent-controlled two bedroom is already $2,600 and “affordable housing units” in developments like The Avalon (by Aquatic Park) rent for $1,445 for a studio – how is that affordable?
Please Email the Council something like this right away!
TO: council@cityofberkeley.info
CC: clerk@cityofberkeley.info
Re: Items 37a and 37b; Items 38a and 38b (July 11)
Rent control is Berkeley’s most effective affordable housing program. BTU calls for more local anti-displacement funding, especially more funding for eviction defense and rental assistance (the “Housing Retention Program.”) Berkeley Tenants Union believes that the portion of funding raised by Measure U1 that should be designated, per the measure, for “homelessness prevention” should be spent on programs which stabilize the housing of low-income renters and thereby preserve economic and social diversity. BTU does not support a delay in committing this funding during a housing emergency. Please prioritize more help for low-income tenants struggling to stay in Berkeley!
Also on the Agenda: Soft Story Update Item 43 Soft story means buildings that will kill everyone by collapsing in an earthquake. They were required to retrofit and have been told since 2006 that this would be required. They get really cheap city loans, too! But 24 have not complied and – thanks to pressure from BTU and vocal advocates like Igor Tregub – they are now being fined by the Building Department. “This report also provides an update on the status of mandatory seismic retrofits required by Berkeley Municipal Code Chapter 19.39 for buildings with a soft, weak or open front (“Soft Story”) condition and five or more dwelling units. Soft Story building owners had a December 31, 2016 deadline to apply for building permits for seismic retrofits. Of the 86 buildings remaining on the Soft Story inventory, 62 buildings containing 617 dwelling units have now applied for or been issued permits. The Building and Safety Division issued warning letters of administrative citation on March 28, 2017 to owners who had not applied for a building permit and the first citations were issued to ten building owners on May 30.”
IN OTHER NEWS
Tenant Activist Elisa Cooper Berkeley has lost another important voice for housing. Elisa Cooper, who took on a major role representing Friends of Adeline on the 2016 Tenant Convention Planning Committee, was also a strong advocate for people with disabilities and those who have the very least in our community. She strongly opposed BTU charging dues and her voice will be missed when that issue comes up again this fall.
Rent Board Election: Campaign Finance Complaint At the July 20th Fair Campaign Practices Commission (FCPC) meeting, the Commission will hear a complaint registered against the Berkeley Rental Housing Coalition for failing to properly record campaign finances. This is not the first time this has occurred. Because of the blatant repeat offences committed by this organization, the Berkeley Tenants Union feels strongly that in order for the Berkeley Election Reform Act to have any teeth, the maximum penalty should be imposed. Please support BTU’s letter by emailing: FCPC@CityofBerkeley.info BTU letter for FCPC
Victory on Affordable Housing Fee “Officials voted Tuesday night, with eight in favor and Councilwoman Lori Droste abstaining, to increase a fee linked to affordable units from $34,000 to $37,000. Council also changed the formula for how the fee is calculated so it’s based on the total project rather than just the market-rate units, as it was previously.” http://www.berkeleyside.com/2017/06/30/despite-concerns-lack-data-berkeley-council-votes-increase-developer-fee/
Solution? Comment Online to Council on Item 25, Berkeley Way Project “Comments about the plan can be posted online by registered users of Berkeley Considers, with or without their name at www.cityofberkeley.info/considers. However, users are asked confidentially for their name and home address upon registration, to distinguish which statements are from local residents, according to a news release from the city.” http://www.eastbaytimes.com/2017/07/05/input-sought-on-3-million-berkeley-affordable-housing-project-allocation/
Is Berkeley Way Project Too Big? “The two-building project, set to take the place of the public parking lot at Berkeley Way and Henry Street, is slated to include 89 affordable apartments in one building and, in the other, 53 studios of permanent supportive housing, 32 shelter beds, 12 transitional units for veterans, and a first-floor services center with a community kitchen. City leaders have long described the $90 million project, a collaboration with the Berkeley Food & Housing Project (BFHP) and Bridge Housing, as “visionary” in scope.” http://www.berkeleyside.com/2017/06/15/with-council-all-in-on-berkeley-way-homeless-housing-trust-fund-at-zero/
Another Way to Reach the City Council Our good friends at Berkeley Citizens Action are holding a town hall with (most of) the progressives we elected this fall! The meeting is Sunday July 16 at 3 PM at South Berkeley Senior Center – go tell them we need more funding for rental assistance and access to just cause eviction protections! Arreguin, Worthington and Davila are all renters! “Confirmed: Mayor Jesse Arreguín. Councilmembers: Kate Harrison, Kriss Worthington, Ben Bartlett, Sophie Hahn, waiting confirmation from councilmember Cheryl Davila.” according to BCA
Housing Fee: Rent Control and the Housing Crisis “ A very serious problem confronting the City Council is the limits of what a city can do since rent control was abolished by the California legislature in 1995. Unquestionably, decontrol mainly accounts for the incredibly high rents. Even if we accept the US Census underestimated count of the poor in Berkeley, which is over 24,000 –that’s too many individuals and families who can be accommodated by the relatively few available below market rate units. A Berkeley City Council member pointed out that the projects which have already been approved will meet only 3 percent of the goal for low income housing.” http://www.berkeleydailyplanet.com/issue/2017-06-30/article/45843?headline=The-affordable-housing-crisis-how-Berkeley-should-deal-with-it–Harry-Brill-
Housing Fee: Was It Really a Victory? “On the same night of San Francisco’s OMI victory, Berkeley retreated to its failed anti-housing past. The Berkeley City Council ignored the pleas of housing experts such as Karen Chapple of the UC Berkeley Urban Displacement Project, environmental groups such as the Greenbelt Alliance along with ample public testimony and voted 8-0-1 to impose new housing development fees based on 2015 rather than 2017 cost data. Why would the City Council raise fees based on a 2015 feasibility study? Anyone familiar with rising construction costs since 2015 knows that such data is outdated.” http://www.beyondchron.org/sf-advances-berkeley-retreats/
More About Elisa Cooper “What I will remember most about Elisa was her stating at numerous council meetings how the property transfer tax had been increased by 0.5% in 1990 for the purpose of providing a steady revenue stream for affordable housing – but then the revenue was diverted to the General Fund during the Great Recession – and never restored.” http://www.berkeleyside.com/2017/07/05/opinion-elisa-cooper-taught-history-affordable-housing-shortage/
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.
The Rent Boardoffers 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.
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
This year, Berkeley Tenants Union held two endorsement events. In the spring, we shared a meeting with Berkeley Progressive Alliance and Berkeley Citizens Action to select candidates, and in the fall we shared a meeting with BCA to make endorsements on measures.
This is the first year the reconstituted BTU has done endorsements on measures, because this year there are several measures important to renters – particularly Measure AA (relocation funds for evicted renters) and Measure U1 (tax big landlords to fund affordable housing). Results of our ballot measures vote will be posted tomorrow.
Rent Board
Vote for four. Vote for only four — no ranked choice in this race. Vote for the CALI Slate chosen at the Berkeley Tenant Convention!! All are BTU Members: Christina Murphy, Alejandro Soto-Vigil, Leah Simon-Weisberg, Igor Tregub http://berkeleyrentboard.org/
Mayor: Jesse Arreguin
Jesse used to chair the Rent Board, was chosen at the Tenant Convention multiple times, and help pass recent rules for renters, including:
Ending the Bates hold on City Council could really help make Berkeley’s housing policies into housing realities. Electing a realtor as mayor probably won’t.
District 2 West Berkeley: Nanci Armstrong-Temple
An activist with strong ties to the community and Black Lives Matter. http://www.nanciforberkeley.vote/
Thanks to California Senator Diane Feinstein, there is a national movement to call for the Federal Trade Commission to investigate how commercial landlords using short term rental platformsare impacting housing shortages and contributing to high rents nationwide.
Now you can join their calls for a national investigation.
“Senators Dianne Feinstein of California, Brian Schatz of Hawaii and Elizabeth Warren of Massachusetts wrote a letter to FTC Chairwoman Edith Ramirez requesting the agency “study and quantify” the prevalence of commercial renters using Airbnb, HomeAway Inc., VRBO and other short-term rental services. The letter said activity on those sites can result in housing shortages and drive up prices.” http://www.bloomberg.com/news/articles/2016-07-13/u-s-senators-ask-ftc-to-probe-airbnb-s-impact-on-housing
Berkeley has passed up another opportunity to be a leader of policies that protect affordable housing by delaying any vote on short term rentals, even after a year of debate.
Berkeley’s next hearing on Short Term Rentals is expected to be Wednesday September 7th at the Planning Commission.
Congressional Black Caucus On Airbnb Racism “Members of the CBC are deeply concerned about recent reports of exclusion of African-Americans on the Airbnb platform, and we sincerely hope the leadership of Airbnb will take the issue of discrimination seriously and implement common sense measures to prevent such discrimination and ill-treatment of its customers in the future.” http://blackamericaweb.com/2016/06/27/airbnb-racism-allegations-head-to-capitol-hill/
More on Warren’s Call for Investigation: “Opponents argue that Airbnb, a platform that allows users to rent out their homes to strangers, is aggravating housing crises in cities across the country by flooding markets with short-term rentals and, as a result, reducing much-needed affordable housing. While Airbnb claims that many of its users are occasionally renting out rooms to make extra cash, some experts who have studied the limited data available argue that the platform is allowing people to operate sophisticated hotel businesses while dodging taxes and other key regulations.” https://www.theguardian.com/technology/2016/jul/13/elizabeth-warren-airbnb-government-investigation
Here is a link to the responses to our questionnaire from all local candidates who chose to answer (BPA led the questionnaire, in collaboration with BTU and BCA).