The next meeting will be Saturday, February 13 at 5:00 PM on the Zoom platform, online. Members will be sent an email about the meeting. Agenda items will be sent out soon, but the major topic of this meeting will be the status of the local eviction moratorium.
To become a member, contact Berkeley Tenants Union by email. Dues are on a sliding scale and can be paid in a number of different ways. Members are eligible for our monthly counseling sessions as well as a strong say about what issues the organization chooses for action. Ask to see the BTU by-laws for more information.
These days, BTU communicates about actions via emails and Facebook. Be sure to like the Facebook page you see displayed on the sidebar to the right!
Also, please share this Facebook link to our meeting, or a link to this post – let’s build our numbers and bring more power to the people! https://fb.me/e/3KLr3BzA5
Berkeley Tenants Are Organizing! “The current city moratorium has “weak” penalties for property owners who institute late fees, lock out tenants or threaten renters, according to (a Berkeley Tenants Union leader) Lewis. He said crucial parts of the measure, such as amendments to include renters’ rights on eviction notices, were removed Nov. 17. If the stricter moratorium passes, it will not take effect until February 2021 due to restrictions in a statewide moratorium that prevents property owners from taking tenants to court, according to Lewis.” https://www.dailycal.org/2020/12/08/berkeley-city-council-votes-on-measure-to-strengthen-eviction-moratorium/
Berkeley Landlords Are Organizing Too! “There are multiple Eviction Moratoriums in effect during this pandemic. Berkeley’s Eviction Moratorium currently prohibits any type of eviction during the local state of emergency and dictates how rent not paid during the pandemic is to be handled. The state’s Eviction Moratorium (AB 3088 effective Sept 1 to Jan 31) is currently being modified at the legislature. We expect the moratorium will be extended through June of 2021, as well as continue to defer the 25% payment of rent until then. BPOA is working to provide guidance as to how the state’s extension will interact with our local Eviction Moratorium.” https://www.bpoa.org/
Other News The East Bay Community Law Center is working with City of Berkeley leaders to establish a housing policy called the Tenant Opportunity to Purchase Act. Learn more about TOPA here: https://ebclc.org/topa/
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.
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
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
Like progressives all over America, Berkeley voters are sad, angry and frightened about the national election results. However, we have a lot to celebrate at home, and can look forward to once again leading these United States in progressive, humane, and innovative solutions, particularly to the problem of ensuring safe and affordable homes for all.
The big landlords who control about 50% of all rental housing in Berkeley spent about a million dollars to defeat the affordable housing tax Measure U1, and promote their deceptive Measure DD. That is well over $15 per voter! Yet Berkeley voters reaffirmed affordable housing as a core Berkeley value with 75% voting for U1 and 71% voting against DD. This tax on large landlords is expected to generate $4 million annually in new revenue for affordable housing and homelessness prevention programs!!
East Palo Alto also passed a similar landlord tax, and it is hoped this will be a model to take back profits being drained out of our communities and use them to build homes.
Additionally, Berkeley supported stronger protections for families being evicted for owners to move in. Measure AA, which passed with an astounding 73% of the vote, was put on the ballot at the request of the Rent Board.
ProRenter candidates also got strong support from Berkeley. Renter Cheryl Davila beat incumbent Darryl Moore in District 2 despite generous spending by the Association of Realtors for Moore. BTU Members Ben Bartlett and Sophie Hahn were also elected to the City Council, and BTU Member Jesse Arreguin was elected as Mayor!
Perhaps the best news of all for tenants is that landlord incumbent Judy Hunt was voted off the Rent Board, with the “CALI Slate” chosen at the 2016 Tenant Convention easily defeating Hunt’s tiny team.
Elsewhere in the Bay Area, California gained its first new rent control in decades, and even in places like Alameda, where the tenant measure was defeated, renters did gain new protections on November 8.
Soon the new City Council will move forward on core BTU issues like Short Term Rentals and mitigations for Demolition of Rent Controlled Units. BTU will work to guide our new leaders, who we hope will be more responsive to what everyday folks need in order to keep Berkeley a place we can all call home.
Landslide for Landlord Tax “Berkeley voters approved a landlord tax that will raise millions for affordable housing. The measure, U1, passed with about 74 percent of the vote. A competing measure, which landlord groups placed on the ballot in an effort to undermine U1, was crushed, with 71 percent voters rejecting it…
Proponents of U1 filed a state Fair Political Practices Commission complaint against the Berkeley Property Owners Association, alleging they broke the law by using anonymous LLCs to finance their opposition campaign and make it appear that a large group of landlords were opposing the measure, when in fact it was just a handful. The FPPC hasn’t ruled on the complaint yet.” http://www.eastbayexpress.com/SevenDays/archives/2016/11/09/berkeley-landlord-tax-easily-passes
Berkeley Gets Activist Renter as Mayor “Arreguin said, “I am a renter. I’m like many people in Berkeley, I’m trapped in this housing crisis.” http://sanfrancisco.cbslocal.com/2016/11/11/berkeleys-first-latino-mayor-elect-is-also-its-youngest-ever/
Progressives Take Three of Four Council Seats “Sophie Hahn handily won the District 5 council seat being vacated by Capitelli, defeating another candidate with real estate industry backing, Stephen Murphy, 61.9 percent to 38.1 percent. Hahn is a member of the Zoning Adjustments Board. Capitelli endorsed Murphy, his appointee to the Planning Commission and the panel’s current chairman.
Berkeley for several years has been the scene of a major debate over skyrocketing rents and the shortage of affordable housing, with a six-person council majority backing many controversial development-related issues.” http://www.eastbaytimes.com/2016/11/09/berkeley-voters-elect-arreguin-mayor/
Details on Rent Control Votes “Measure L in Richmond, which would enact limits on rent increases and landlord evictions, was victorious with 64 percent of the votes cast. In Oakland, with all 279 precincts reporting, 74 percent of voters supported Measure JJ, which requires landlords to get permission from the rent board before increasing rents above the consumer price index and expands eviction protections. In Mountain View, Measure V, which was placed on the ballot by voters, had a slim victory with 53 percent, while W, the council-backed measure fell short with 49 percent.
In Alameda, ground zero for the battle for rent control, Measure M1, the strict tenant rent control measure sponsored by tenants groups, only garnered 34 percent of the vote, well shy of the necessary simple majority. Instead, 56 percent of voters approved L1, a competing, council-backed initiative that did not cap rent increases. Instead landlords must go to mediation in order to increase rents above 5 percent. And in San Mateo County, Measure R in Burlingame mustered just 31 percent of voters, while Measure Q in San Mateo got 38 percent.” http://www.eastbaytimes.com/2016/11/03/bay-area-rent-control-measures/
Record Spending and Fair Political Practices Complaint “The political action committee for the Berkeley Property Owners Association has steered more than $892,540 in donations to defeat Measure U1 and promote Measure DD, two competing measures that would raise the business tax on rental units… Most of the donors to the “Committee for Real Affordable Housing – Yes on Measure DD, No on Measure U1, Sponsored by the Berkeley Property Owners’ Association,” have not made contributions in their own names. They have used the LLC they created to run various apartment complexes. UC Berkeley’s Progressive Student Alliance filed a complaint about this practice with the Fair Political Practices Commission, which is investigating the situation.” http://www.berkeleyside.com/2016/11/07/fight-involving-measure-dd-and-measure-u1-is-costliest-in-election/
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.
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/
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.
“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
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.
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 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/
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.
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/
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 everyyear. 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