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/

Problems Continue at City Council
“The major problem, one which has been the major problem in the approximately forty years since I’ve been watching the Berkeley City Council on and off, is that the only reliable way to get the attention of even the best-intentioned city council is to have as many concerned citizens as possible show up in the flesh to make their case in what’s become one or two minute sound-bytes.”
http://www.berkeleydailyplanet.com/issue/2017-06-16/article/45818?headline=Berkeley-councilmembers-need-to-become-better-listeners–Becky-O-Malley

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/

Berkeley Rent Control History Rewrite
When the landlords took over the Rent Board, they hired this guy!
http://www.eastbaytimes.com/2017/06/27/my-word-alamedas-just-cause-evictions-law-should-be-quashed/

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/

Demolition on Tenth Street Remanded
http://berkeleydailyplanet.com/issue/2017-06-23/article/45827?headline=SQUEAKY-WHEEL-The-Form-of-Infill–Toni-Mester

BTU History
The Berkeley Tenants Union was the subject of a recent research paper.
http://www.foundsf.org/index.php?title=Berkeley_Tenants_Union_in_the_1970s

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.

Rent Board Ellis Report
http://www.cityofberkeley.info/uploadedFiles/Rent_Stabilization_Board/Level_3_-_General/INFO_Ellis%20Report%20to%20Committee_5-4-16.pdf

City Council Item
http://www.cityofberkeley.info/Clerk/City_Council/2016/10_Oct/Documents/2016-10-18_Item_03_Ordinance_7507.aspx

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

 

Is this a campaign violation?
Is this a campaign violation?

 More on Suspected Campaign Violations
“Stefan Elgstrand, secretary of the Berkeley Tenants Union, said the Berkeley Tenants Union supported the FPPC filing. ‘We want to make sure that these groups that do these deceptive mailings are held accountable,’ Elgstrand said.”
http://www.dailycal.org/2016/10/23/campus-group-files-complaint-measure-dd-campaign-alleged-violations/

More on Measure U1 and Measure DD
http://www.berkeleydailyplanet.com/issue/2016-10-14/article/45005?headline=Measures-U1-and-DD-br-What-s-the-difference—Rob-Wrenn

 

Berkeley Citizens Action will join BTU to discuss shared concerns at our Fall Potluck, Wednesday September 18.

Free Tenant Counseling by the Eviction Defense Center at 6 PM !!!

Food and Friends at 6:30 PM. Grassroots House, 2022 Blake @ Shattuck

SunsetUPCOMING DATES OF INTEREST TO TENANTS

Campaign Violations, Berkeley Democratic Club
Thursday September 19 – 7 PM
Fair Campaign Practices Commission
North Berkeley Senior Center, 1901 Hearst Ave @ MLK

Free Housing Counseling for Seniors
Friday, September 20 – 12 PM
Counseling by Berkeley Rent Board
South Berkeley Senior Center: 2939 Ellis Street @ Ashby

More after the jump…

Read more »

No More Shit From LandlordsIn general, activists’ response led to deeper discussion of the issues but we need ALL members to respond to these action requests if we are to impact policy and decisions!

Four Berkeley Fair Campaign Committee members – appointed by TUFF Slate endorsers from the City Council – voted for a slap on the wrist. A dozen citizens made public comment asking for a real investigation and meaningful penalties. The commission also got four letters from BTU members, but voted 4-3 to approve the settlement agreement with low fines and no formal investigation of the faux tenant slate, and no investigation of the nearly $50,000 they accepted from landlords and property management firms. At least our public pressure led to them taking out the part of the agreement that said Rent Board Commissioner Judy Hunt and the other candidates didn’t do it on purpose! It would have been shameful to make such a declaration when there was no investigation or hearing.

There is still an ongoing investigation of the violations at the state level.

Berkeley Daily Planet:
http://www.berkeleydailyplanet.com/issue/2013-05-17/article/41082?headline=The-Berkeley-Fair-Campaign-Practices-Commission-Hears-TUFF-Charges–By-Dave-Blake

Contra Costa Times (link doesn’t work on phones, only computers):
http://www.contracostatimes.com/west-county-times/ci_23269400/berkeley-landlord-group-fined-violating-election-laws

Berkeleyside:
http://www.berkeleyside.com/2013/05/20/landlord-backed-group-fined-for-campaign-violations/

April-28-BTU---02

Tonight the Fair Campaign Practices Commission meets (7 pm, North Berkeley Senior Center) to consider the stipulation offered by members of Tenants United for Fairness (TUFF)—a slate that ran for Berkeley’s Rent Stabilization Board in the November election—and the landlords who illegally funded their campaign.

The proposed stipulation would fine the TUFF slate members $300 each, and their backers under $3000 total.

In comparison, at the same meeting the people who raised money to defeat the street-sitting prohibiting Measure S and who failed to properly report $500 in late contributions in a timely manner are proposed to pay a penalty of that amount—$500, the amount they received. Nothing illegal about the contributions, they’re just paying the amount of the contribution for failing to report it on time.

TUFF raised and spent over $50,000 from landlords, over $30,000 from one PAC alone. Berkeley has a $250 per candidate donation limit and bars business donations, the vast bulk of those donations.

Read the entire article here:

http://berkeleydailyplanet.com/issue/2013-05-13/article/41068?headline=Berkeley-s-Fair-Campaign-Practices-Commission-Meets-Tonight-To-Consider-Light-Penalties-for-Flagrant-Election-Law-Evaders-News-Analysis—By-Dave-Blake-and-Dean-Metzger