Your Berkeley Tenants Union is getting busy this election season!
Members must pay their dues if you want to vote on endorsements. Dues are a sliding scale. Contact “info at berkeleytenants dot org” to learn more.
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!
Be sure that you are on the mailing list too!
BTU has monthly clinics for free counseling if you are in trouble. We are also working on several ballot measures, and of course we urge you to support the Pro-Tenant Slate for Rent Board. If you want to volunteer to help get activists from BTU and like-minded organizations elected to the Berkeley Rent Board, you can sign up here to assist the Right2Housing Slate: https://berkeleytenants.us13.list-manage.com/track/click?u=d3053fd94934e92d237a8b9e8&id=c69a08e63a&e=469b9ffc9e
ABOUT THE TENANT CONVENTION
The Berkeley Tenant Convention is a decades-old biennial event in which all Berkeley residents who fully support rent control are invited to nominate the progressive, pro-tenant slate for the Berkeley Rent Board. The sponsors of the 2020 Convention included the Berkeley Tenants Union, Berkeley Citizens Action, the Berkeley Democrats (NOT the Berkeley Democratic Club), the Cal Berkeley Democrats, the East Bay Democratic Socialists of America, Friends of Adeline, the Gray Panthers, the Green Party, the NAACP, Our Revolution East Bay, SEIU 1021, UAW 2865 (the UC student-workers union), the Young Democratic Socialists of America – UC Berkeley, and Young Democrats for Justice in Palestine – East Bay.
ABOUT THE CANDIDATES
2020 Pro-Tenant Slate
The candidates chosen at this year’s convention are Dominique Walker, who works at the Alliance of Californians for Community Empowerment; Mari Mendonca, a lifelong Berkeley resident who was appointed to the Rent Board recently; Xavier Johnson, who is a legal fellow at Centro Legal de la Raza; incumbent attorney Leah Simon-Weisberg, who has worked for San Francisco’s Eviction Defense Collaborative and Tenants Together; and Andy Kelley, Communications Director at the California League of Conservation Voters.
They are calling their campaign the Right2Housing Slate.
You can watch the whole 2020 Tenant Convention on video at BTU’s Facebook page, and keep up with the priorities and activities of our candidates at their website: https://berkeleyrentboard.org
FOR MORE INFO
Tenant Convention Slate for Berkeley Rent Board “About 615 electronic ballots and 95 paper ballots were cast, this is an unprecedented turnout. Because of the pandemic, most efforts were done online.” http://berkeleycitizensaction.org/?p=1193
The Community Power Slate sponsors a Yes on 10 forum:
SUNDAY OCTOBER 21 – 3 PM South Berkeley Senior Center 2939 Ellis Street at Ashby
Community Power Slate
Elect a Pro-Tenant Rent Board in Berkeley
For over a quarter century, Berkeley progressives have come together to choose a consensus slate for the Rent Board. This spring, the Berkeley Tenant Convention chose local leaders John Selawsky (formerly on the School Board) and Paola Laverde, currently the Rent Board’s Vice Chair and an outspoken advocate for Yes on Prop 10. Also on the Community Power Slate for Berkeley Rent Board are James Chang, UCB junior Soli Alpert, and Maria Poblet, a founder of Causa Justa Oakland.
Berkeley City Council
BTU endorsed Kate Harrison (District 4: Downtown) and Igor Tregub (District 1: Fourth Street, North Berkeley BART). Igor used to be on the Rent Board and has always been a solid advocate for tenants. Kate is the wisest leader in Berkeley, with a lot of behind the scenes experience in San Francisco’s crazier days. She has done amazing work for affordable housing on the City Council in her very short term.
BTU also endorsedRigel Robinson, a newcomer whose website mentions nothing about renters in the housing policy statement. He is currently External Affairs Vice President of the ASUC and will fill the district with the most renters, taking the place of longtime tenant leader Kriss Worthington, who has endorsed Robinson.
“Rigel believes we need to build more housing, for all students, right next to campus, right now. As a City Councilmember, he’ll push for zoning requirements that allow for taller, denser buildings around campus — while fighting for more units that are affordable.” https://rigelrobinson.com/
Finally, BTU endorsedMary Kay Laceyfor District 8. Lacey will fight for renters in the district which has been represented by Lori Droste, who repeatedly voted to eliminate rent controlled units through demolitions and conversions to Air BnB. Lacey became known for her work on the Task Force to Save Alta Bates hospital.
“Protect against displacement by building targeted affordable housing for students, working families and those facing eviction… I am also fully committed to the Pathways Project and a ‘housing first’ solution to our homelessness crisis.” https://lacey2018.com/issues/
BTU-Endorsed Candidates:
State Assembly: Jovanka Beckles
Rent Board: Soli Alpert, James Chang, Paola Laverde, Maria Poblet, John Selawsky (Community Power Slate)
Council District 1: Igor Tregub
Council District 4: Kate Harrison
Council District 7: Rigel Robisnon
Council District 8: Mary Kay Lacey
BTU-Endorsed Housing Measures:
Prop 10 (Costa-Hawkins Repeal): YES!
Measure O (Affordable Housing Bond): Yes
Measure P (Transfer Tax for Homeless Services): Yes
Measure Q (Rent Board Amendments): No Endorsement
Prop 1 (Affordable Housing Bond): Yes
Prop 2 (Homeless Prevention Bond): Yes
Prop 5 (Property Tax Break): No
Now, The Good News
At their 10th anniversary celebration, the statewide renters group Tenants Together chose to honor Berkeley’s own Julia Cato, who has worked hard with several groups – including BTU – to make sure the voices of seniors and tenants are heard by the folks who represent us.
Tenants Together also has a counselor trainingcoming up. I don’t think anyone does counseling for BTU since I left, so someone really should try to get the program up and running again! Tenants could use a peer advocate to help them navigate the bureaucracies that govern, even if California does get some better laws this election day!
More Worried About Trump than Lakireddy?
Get Involved on the National Level!
The Right to the City Alliance / Homes For All held their second national Renter Power Assembly this summer, with over 100 tenant groups coming together from all over the United States. Start by joining their mailing list to give renters a unified voice on national housing policy!
“If the housing crisis has been slow to register at the level of national politics, it’s not for lack of momentum at the grassroots. There is no major city in the United States today without a multitude of tenants’ rights groups, and “gentrification” has, in the span of a decade, crossed from left-wing academic journals into everyday language. From coast to coast, a loosely organized, intersectional, and bottom-up movement is coalescing around housing justice—the idea that housing is inextricable from a range of other issues like racial justice, poverty, the environment, immigration, and the rights of the formerly incarcerated.” https://righttothecity.org/
BTU Calls For Landlords to Be Fined for Campaign Violations, Again On Thursday, May 18, 2017, Berkeley’s Fair Campaign Practices Commission (FCPC) would not decide to enforce the Berkeley Election Reform Act. Commissioner Dean Metzger asked that the staff report include past violations from the same offenders after BTU pointed out their history. In addition, Commissioner Greg Harper asked the city attorney for further information.
The next FCPC meeting will be Thursday, July 20, 2017
BTU LETTER: BTU letter for FCPC
June 13 City Council Votes on Developer Fees On Tuesday, June 13 the City Council will hold a public hearing to increase the affordable housing mitigation fee from $34,000 ($30,000 if paid when the building permit is issued) to $37,000 ($34,000 if paid when the building permit issue is issued). The affordable housing mitigation fee is one of the primary ways that the city funds affordable housing, making this increase extremely important.
You can let the city council know that you support the increase by emailing council@cityofberkeley.info and clerk@cityofberkeley.info
Santa Rosa Nears Rent Control Vote “The largest contribution reported to date to the landlord committee, called “Citizens for Fair and Equitable Housing — No on C,” was $280,000 from the political action committee of the California Association of Realtors. A treasurer for the committee referred questions to the spokesman for the California Apartment Association…” http://www.pressdemocrat.com/news/6793101-181/money-pouring-in-to-fight?artslide=0
The Democratic Party Supports Rent Control “The California Democratic Party supports rent control and just cause for eviction. This is a big deal. Many California Democratic lawmakers are in the pocket of the real estate industry, just like Republicans. They regularly vote against tenants to make sure they continue getting landlord and realtor money. Just recently, only 24 of 80 legislators voted for Assemblymember Rob Bonta’s bill to stop Ellis Act evictions of SRO hotel units in Oakland. If you are scratching your head as to how a narrow bill to stop evictions of some of the most vulnerable tenants in Oakland could lose by a landslide in the California Assembly where Democrats have a two-thirds majority, you obviously haven’t been in the halls of the Capitol recently….” http://48hills.org/2017/05/23/historic-vote-democratic-party-supports-rent-control/
Owner Move In Evictions in Local Spotlight “It is known that some landlords pretend it’s an owner move-in situation simply to evict lower-rent tenants, and then re-rent units for higher rents. Investors buying duplexes, or other small properties with only a few units, with the intention either to hold on to them or flip them, may tell long-term tenants they plan to move in, just to try to get them to move without going through a legal eviction process.” http://www.berkeleyside.com/2017/05/25/berkeley-sees-increase-owner-move-evictions-landlords/
Congratulations Maria!
I am thrilled that Maria is taking over my seat on the Berkeley Rent Stabilization Board!
“Poblet served many years as executive director at St. Peter’s Housing Committee in San Francisco and then spearheaded a merger with Just Cause Oakland in 2010 to form Causa Justa. The new group brought together one organization that had spent 25 years organizing Latinos with one that had spent 10 years organizing Blacks to push for economic and racial justice. Causa Justa is now the largest tenants’ rights group in the Bay Area. Poblet served as the organization’s executive director from 2010 until early 2017.” http://www.berkeleyside.com/2017/05/16/prominent-tenants-rights-activist-appointed-berkeley-rent-board/
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.
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.
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/
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/
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/
Student Editorial Contrasts Berkeley Wins with National Loss “Moreover, Berkeley voters proved largely immune to false and misleading campaigns, easily selecting measure U1 over DD, increasing landlord taxes for Berkeley’s wealthiest landlords while still protecting both tenants and small landlords.” http://www.dailycal.org/2016/11/15/trump-will-not-halt-berkeleys-fight-justice/
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
After a year of public hearings and debate, Berkeley Mayor Tom Bates is proposing to change the Short Term Rentals law which Berkeley City Council passed on May 31. Every law in Berkeley must be voted on twice, and in between vote one and vote two, Berkeley leaders are appearing to waiver.
Berkeley City Council votes Thursday, July 7th at a special 5:30pm meeting.
Bates has introduced a proposed contract with Airbnb to collect tax for Berkeley if Berkeley does not compel Airbnb to share any data that might allow our city to enforce the law and protect our housing supply. This contract comes at the same time that Oakland has cut a similar deal, but while San Francisco is increasing fines and being sued by the corporate platform.
The new law is already a compromise which allows residents to rent their homes, or rooms in their homes, while continuing the (as yet unenforced) ban on rentals of empty homes. The reason that rentals of less than 14 days have been against the law in Berkeley is because such rentals allow an owner to get around tenant protections and rent control.
It is important that Berkeley Tenants who have not written to Council since May 31 send them a letter asking that they approve the second reading of the law which has gone through a long public process already. It is important that everyone read this ridiculous contract with Airbnb and let the Mayor know that he can’t give away our hard-won tenants rights as one of his last acts in office!
WE CANNOT ALLOW HOUSING TO BE CONVERTED TO HOTEL ROOMS
WE MUST REQUIRE LICENSE NUMBERS ON ADVERTISING
BERKELEY SHOULD NEVER SIGN A CONTRACT WITH AUDIT RESTRICTIONS
The Contract Offer: – Stays over 29 days in duration will not be subject to tax
– Berkeley waives all taxes not paid before contract date
– The Department of Finance will not directly or indirectly audit any Host
– Airbnb will not provide personally identifiable information regarding its Hosts
– Berkeley can audit Airbnb no more frequently than every four years 2016 STRs air bnb contract
NY TIMES: SF and NYC Crack Down on Illegal Hotels “Airbnb sued San Francisco over a unanimous decision on June 7 by the city’s Board of Supervisors to fine the company $1,000 a day for every unregistered host on its service. If Airbnb does not comply, it could face misdemeanor charges. The suit follows a bipartisan move by New York lawmakers who voted this month to heavily fine anyone who uses Airbnb to rent a whole apartment for fewer than 30 days, a practice that has been illegal in the state since 2010.” http://mobile.nytimes.com/2016/06/29/technology/airbnb-sues-san-francisco-over-a-law-it-had-helped-pass.html?referer=https://www.google.com/
Airbnb Sues San Francisco
The largest corporation making money off illegal hotels is suing the City of SF over their new policy of fining the hosting platform for listing illegal rentals. http://fortune.com/2016/06/27/airbnb-san-francisco-lawsuit/
LA City Attorney Files Suit Over Illegal Hotels “Given that shortage of affordable housing, illegally converting rental units to hotels or short-rentals has got to stop,” City Atty. Mike Feuer said at a news conference Monday. “My office is going to intervene to preserve rent-stabilized units and restore those units when we allege they’ve been unlawfully taken off the market.” http://www.latimes.com/local/california/la-me-ln-landlords-illegal-rentals-20160620-snap-story.html
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
Council Talks About Housing Plan “Proposals approved for implementation or further study ran the gamut from financial incentives and taxes, to rezoning, red tape-cutting, beefing up the city’s Affordable Housing Trust Fund and protections against eviction. Many will be the subject of a larger council discussion on housing tentatively scheduled for early fall.” http://www.eastbaytimes.com/breaking-news/ci_29919572/berkeley-backs-package-steps-address-housing
On Tuesday, the Berkeley City Council will consider a request from the Rent Board to place a measure on the November 2016 ballot to update the Rent Ordinance. Because that law was passed by the voters, it can only be changed at the ballot box. This will be Item 48 on the June 14th agenda.
Update: This Will Be On The November Ballot
Summary of the Changes The main request is to revise the amount of assistance tenants receive when they lose their homes to an owner move-in eviction (OMI). Berkeley’s relocation funds have not been updated since 2000. The changes would also expand relocation assistance to all tenants; currently only low-income Berkeley tenants get any recompense at all after such no fault evictions. Berkeley is the only rent controlled jurisdiction in California which restricts help by income. Since rents have gone up over 40% in five years, all tenants need help with moving costs and new security deposits.
The other important change to the Rent Ordinance would be to protect families with children from owner move-in evictions during the school year. An owner could still evict a family, but the family would not have to disrupt their children’s education and could wait until the summer to relocate. San Francisco has had such protections for renter families for many years.
OMI evictions in Berkeley doubled between 2013 and 2014. When Berkeley voters passed “Measure Y” in November 2000, they also voted to have the Rent Board monitor such evictions. Recently, the Rent Board won an important court victory (see https://www.berkeleytenants.org/?p=1386) which upheld the agency’s ability to reset the rent to the previous tenant’s rent-controlled rent when a landlord evicts a tenant but does not actually move in.
The Rent Board reports on owner move-in evictions every six months. The reports show that most owners who evict buy the building and then evict within two years. The reports also show that most “fake” OMIs happen in larger buildings, and that recent OMIs are concentrated west of Sacramento Street. Yet the Rent Board only tracks evictions which follow the law. If tenants leave simply because they are threatened with an OMI, the Rent Board cannot track the eviction or enforce the law. Tenants who accept a buyout also have new protections passed by the City Council a few months ago, but typically waive their rights under the Rent Ordinance for some cash.
Relocation funds would increase to about $15,000 per household. BTU hopes increasing the relocation payment a landlord is required to give might cut down on false evictions.
Read Item 48 here: RSO Changes Ballot Measure Final “The law currently requires landlords who evict for the purpose of moving into the rental unit to pay $4,500 only to tenant households who qualify as low income. Tenants who are evicted for owner move in but do not qualify as low income receive nothing. Berkeley is one of the only major rent control jurisdictions in the state that does not provide relocation assistance to all tenants, regardless of income. Also, the relocation assistance amount set forth in Measure Y has not been adjusted since it was passed almost 16 years ago. The amount of the assistance is nearly four times lower than that required by the cities of San Francisco, Los Angeles, Santa Monica, and West Hollywood – each of which have periodically adjusted relocation payments over the years in response to rising rents, moving costs, and inflation.”
