Tag: Los Angeles

By Posted on Posted in Issues

Measure U1 Debate Continued
The Berkeley City Council carried items about spending Measure U1 money to their July 25 meeting. See Items 48, 50 and 51 on that agenda.
http://www.ci.berkeley.ca.us/Clerk/City_Council/City_Council__Agenda_Index.aspx

The State of Berkeley
Mayor Jesse Arreguin is a renter who rose to prominence as strong voice for tenants when he chaired Berkeley’s Rent Board and while he represented the downtown area on City Council. His first State of the City address highlighted his dedication to affordable housing and antidisplacement.

“He said the city needs to fight the ravages of gentrification, strengthen defenses against eviction of tenants, work to eliminate the state Costa-Hawkins Rental Housing Act, and do more to protect undocumented immigrants from deportation.”
http://www.eastbaytimes.com/2017/07/11/mayors-address-cites-berkeleys-disparities-role-in-national-politics/

“Arreguín said he is also proud of the $650,000 included in the new city budget for eviction defense and housing subsidies — and of the plan to build affordable and permanent supportive housing, along with more shelter beds and transitional units for veterans, at Berkeley Way. The council voted unanimously to prioritize that ambitious plan in June, though its success depends on securing more funding for the $90 million project.”
http://www.berkeleyside.com/2017/07/11/mayor-jesse-arreguin-pledges-re-earn-berkeleys-progressive-reputation-city-address/

BCA Progressive Town Hall Sunday July 15
Progressive Town Meeting with many City Council members – sponsored by our good friends at Berkeley Citizens Action: Sunday July 16, 3-5pm at the South Berkeley Senior Center, 2939 Ellis Street.

Berkeley Rent Control – in 1942!
“Bay Area housing rent control went into effect July 1, 1942, and the first day of required registration was July 15. Anyone who rented an apartment, house, or room had to register and list the rents. “No landlord may now charge a rent higher than that prevailing on March 1, 1942”, the Gazette noted on July 15. “Any tenant who for personal reasons, privately agrees to pay more than the legal rate is equally guilty of evading the law.” Six stations had been set up to receive registration forms.”
http://www.eastbaytimes.com/2017/07/10/berkeley-a-look-back-wartime-introduces-city-to-rent-control/

On Student Housing
“The old dorms, forced by state policy to be financially self-sustaining, are already insanely expensive. And now, with UC Berkeley pitching itself to wealthy out-of-state students who pay high fees , with an emphasis on the privileged offspring of well-off foreigners, even pricier alternatives are on offer, under the rubric of “Affiliated Properties.” What does this mean? If you click under this heading on the UC Housing website, you see these three buildings: Garden Village Apartments; New Sequoia Apartments; Panoramic Residences. The first two were originally permitted by the city of Berkeley as tax-paying private rental development, the kind marketed as “luxury apartments. Presumably the third, developed in San Francisco by Patrick Kennedy, who made his original fortune in Berkeley, is in the same category. Now, however, they seem to have been subsumed into UCB’s housing schemes. Are they consequently off the tax rolls?”
http://www.berkeleydailyplanet.com/issue/2017-07-07/article/45868?headline=UC-expansion-engulfs-Berkeley–Becky-O-Malley

Op Ed on Berkeley Development Policies
“It is not true that asking developers to pay higher fees will kill their incentive to build. Just look at all the cranes out there.”
http://www.berkeleyside.com/2017/06/13/opinion-berkeley-needs-new-housing-policy-works-many-not-just/

New York Times on Berkeley Housing Crisis
The New York paper interviewed Mayor Arreguin.
https://www.nytimes.com/2017/06/15/us/california-today-the-housing-crisis-hits-berkeley.html

Mother Jones Mocks Berkeley Housing Policies
http://www.motherjones.com/environment/2017/06/climate-change-housing-berkeley/

In Other Places 

San Mateo County Study on Displacement
If you know me, you know I love data. Data from this new study of evictions and displacement in San Mateo County could help Berkeley leaders make the case for more funding for enforcement of eviction protections and rental assistance as a means of homelessness prevention.
“The surveys found that of the people who reported being displaced in the last two years, one in three had experienced homelessness or marginal housing (defined as living in a motel or hotel, renting a garage, or “couch-surfing”); only one in five was able to find a new place to live within a mile of their former residence; and one in three left the county. Several reported that their families had to split up to find housing.”

The study also shows the environmental impacts of the housing emergency.
”Those who did leave the county saw their one-way commute time increase by an average of 47 minutes and commute cost rise by $390 a month for the main household earner.”
https://almanacnews.com/news/2017/06/22/study-displaced-residents-face-many-other-adverse-effects

 

UC Berkeley Institute of Governmental Studies Displacement Report
http://www.urbandisplacement.org/sites/default/files/images/impacts_of_displacement_in_san_mateo_county.pdf

 

Oakland Wants Berkeley’s Protections
“Jonah Strauss of the Oakland Warehouse Coalition said that the referral of the owner move-in exemption to the rent board is a good move. He said Oakland should adopt strong rules like those in Berkeley, and that if a landlord does carry out an owner move-in eviction they should be required to pay a “substantial” amount to help their tenants relocate.”
https://www.eastbayexpress.com/SevenDays/archives/2017/07/11/oakland-looks-to-close-owner-move-in-and-occupancy-loopholes-reduce-evictions-and-harmful-rent-increases

Fremont Wants Rent Control
“The tenants are really in an unleveraged position,” Bonaccorsi said. “They don’t have equal bargaining power. There is a lot of fear, there is a lot of anxiety, there is a lot of stress, there’s a lot of families that have been displaced.”
http://www.eastbaytimes.com/2017/07/12/fremont-isnt-ready-for-rent-control-council-decides/

San Francisco Wants Vacancy Tax
https://sf.curbed.com/2017/7/12/15961486/sf-tax-landlord-homes-apartments-vacant 

Los Angeles Short Term Rentals Debate
https://patch.com/california/studiocity/airbnb-supporters-flood-city-hall-fight-limits-rentals

Airbnb to Collect Taxes for Puerto Rico
https://www.usnews.com/news/best-states/california/articles/2017-06-22/airbnb-to-collect-room-tax-in-puerto-rico-for-government

Airbnb Still Fighting Paris 
https://www.reuters.com/article/us-airbnb-hotels-reaction-idUSKBN19R2TT

By Posted on Posted in Issues
Owners appear to move into this airstream when they rent their home in West Berkeley on AirBnb.
Owners appear to move into this airstream when they rent their home in West Berkeley on AirBnb.

EDIT: Planning Commission final public hearing 1/20
 Housing Commission Strengthens Recommendations for Local Law
Berkeley’s Housing Advisory Commission sent a follow-up to their earlier short-term rentals recommendations. The HAC did this both because the draft ordinance does not seem to reflect their recommendations and because there were additional issues to address.
“During the meeting, Darrow expressed concerns that current regulations could allow owners to turn rent-controlled housing units into short-term rentals by evicting all tenants in a building under the Ellis Act, a state law that allows property owners to evict tenants in order to “go out of business.”
According to the new language approved by the commission at the meeting, if an owner evicts a tenant from a unit through no fault of the tenant, the owner must wait five years before the property can be turned into a short-term rental. Additionally, owners must obtain a business license through the city and list their license number in their rental listings.”
http://www.dailycal.org/2015/12/06/citys-housing-advisory-commission-approves-short-term-rental-recommendations/

Draft Law Making Final Rounds
The draft of Berkeley’s Short Term Rental (STRs) ordinance is now available to the public. The next step is for the Planning Commission to hold a final public hearing, then the law will go back to the City Council, which last discussed the matter in July. Unfortunately, the staff report specifically says they did not address concerns from the Housing Commission in the draft.
It is also unfortunate that the draft law seems to contravene two Council referrals (one on ADUs and one on STRs) by allowing accessory dwelling units (ADUs) on the same property in which an owner occupies another unit as her primary residence to be used as hotel rooms. As usual, the language in the draft law is unclear:
“Host present” means the host is living at the premises of the dwelling unit that is being used for STRs during the short-term rental period or living in the Primary Residence or the Accessory Dwelling Unit.”
Read the Draft: 2015-12-16_Information_Item_Draft Short Term Rental Ordinance-Combined
The Planning Commission is expected to hold a public hearing on January 20 or February 3rd.

Berkeley Owners Sent Warning Letters
At the 4×4 Committee meeting in December, Planning Director Eric Angstadt told Council leaders and Rent Board Commissioners that the City Manager’s office sent warning letters to several STR operators who are violating Berkeley’s current ban on rentals of less than 14 days. BTU has done a public records request to see if letters were sent to the 4 owners BTU filed complaints about in May and June of 2015.

STRs in the News

Ousted Tenants Sue In Los Angeles
“Their rent-controlled building allowed them to enjoy below-market rents of less than $2,000 a month for their two-bedroom pads in the upscale neighborhood. That came to an end in late 2013 when the owners evicted them under the Ellis Act, a state law that allows landlords to get out of the rental business….Within weeks, their apartments began appearing on Airbnb — a short-term rental site geared at tourists — for nightly rates that could total $15,000 a month, they said.”
http://www.latimes.com/local/westside/la-me-1217-ellis-suit-20151217-story.html

Airbnb Fined for Offering Lodgings Without Permits in Barcelona
“With the aid of a software programme, the town hall detected listings for 1,891 lodgings that did not have proper permits on Airbnb, and another 3,929 on HomeAway, it said in a statement. Each have been issued a fine of €60,000 ($65,000).
Since taking office in June, Barcelona mayor Ada Colau, a former anti-eviction activist, has kept her pledge to try to curb a boom in visitor numbers that she fears could drive out poor residents and spoil the charm of Spain’s second largest city.”
http://www.thelocal.es/20151222/barcelona-city-hall-fines-airbnb

By Posted on Posted in Issues
Why don’t City inspectors notice these problems?
Why don’t City inspectors notice problems like this balcony on San Pablo?

Balcony Lawsuit Says Owners Knew About Problems
If we had the proactive inspections program the City Council will discuss on December 1, then this tragedy may have been prevented.
“The lawsuit claims that Segue used cheaper materials to construct the balcony, making it more susceptible to water damage, and left it exposed to rain during construction in 2005…. Previous tenants reported seeing mushrooms – a clear sign of rot.”
http://theindianrepublic.com/lawsuits-filed-in-deadly-berkeley-balcony-collapse-reveal-3892.html

Tenants Reported Signs of Rot Weeks Before Deadly Balcony Collapse
http://www.mercurynews.com/news/ci_29110467/
“Library Gardens was only 8 years old when the balcony collapsed, leading many to wonder how such a new building could have such a catastrophic structural failure. The city of Berkeley released a report that identified dry rot as the only contributing factor to the structural failure of the balcony, but the city said determining the reason for that failure was beyond the scope of its analysis. The lawsuit claims to have identified the reason.”
http://www.berkeleyside.com/2015/11/13/berkeley-balcony-collapse-contractor-used-inferior-wood-and-owner-ignored-signs-of-rot-including-mushrooms-sprouting-from-the-surface-lawsuits-allege/

Berkeley Tenant Fights for Garden
Berkeleyside: “Gorell moved into the rent-controlled, one-bedroom apartment in 1979 and began to add plants to the front and side of the building soon after that. Gene Anderson, the son of the original owners, and his wife used to visit annually and would compliment Gorell on how he had turned the space into an alluring swath of green, according to Gorell. Gorell also wrote to the Andersons in 1992 to describe his plans for the garden. There were no complaints, he said.”
http://www.berkeleyside.com/2015/11/11/lush-berkeley-garden-at-center-of-tenant-landlord-dispute/
Daily Cal: http://www.dailycal.org/2015/11/11/berkeley-tenant-fights-to-preserve-garden-in-ongoing-dispute-with-landlords-property-managers/ 

Activists Say They Are Targeted for Eviction at Redwood Gardens
https://www.indybay.org/newsitems/2015/11/11/18779862.php

Berkeley’s Largest Landlord Leaving Town
http://www.berkeleyside.com/2015/11/16/equity-residential-to-sell-8-berkeley-apartment-buildings/

Rent Wars
Excellent overview of California’s housing crisis and current tenant’s movement.
“Activists in cities that have long had rent control laws are pushing for stronger measures. In Los Angeles, activists like Larry Gross, Director of the Coalition for Economic Survival, want the city to stop allowing tenants to be evicted so that speculators can demolish their rent-controlled buildings.”
http://www.beyondchron.org/the-new-rent-control-wars/

Alameda Tenants Get Moratorium
Something is better than nothing!
“The Alameda City Council on Wednesday approved a 65-day moratorium on rent increases above 8 percent and no-fault evictions. Tenant advocates were hoping for an outright moratorium as the city considers various permanent tenant protections, including banning evictions without cause.”
http://www.contracostatimes.com/news/ci_29078395/bloody-alameda-meeting-highlights-tenants-growing-ire

Berkeley Fair Election Initiative
“But when elections are determined by fundraising alone, communities pay the price. And when the perception is that only money matters in campaigns, it erodes public faith in government. With voter turnout at historic lows, we need to do everything we can to increase participation.
What if I told you there was a proposal to encourage local candidates to spend more time talking to voters and less time dialing for dollars? What if this proposal could diversify the local donor pool, encourage more voters to participate and make City Council more responsive to the citizens they are elected to serve?”
http://www.berkeleyside.com/2015/11/06/lets-amplify-local-voices-in-berkeley-city-hall/

Evictions and Air BnB
“Data analysis of Airbnb usage in San Francisco tells a decidedly different story about who is benefiting. Although Airbnb refuses to share its numbers, a 2014 report commissioned by the San Francisco Chronicle found that of the (at the time) nearly 5,000 homes, apartments, and private or shared rooms for rent via Airbnb, two-thirds were entire houses or apartments with no owner present during the rental period, and almost a third of Airbnb rentals were controlled by people with two or more listings. Some of the “whole house” or “whole apartment” rentals are from hosts who happen to be away. But many others are being rented out by professional property managers who are handling multiple Airbnb rentals on behalf of absentee home- and condo owners. A separate study conducted by data analyst Tom Slee found similar results. He calculated that about 70 percent of Airbnb revenue comes from hosts who are renting out an entire home or apartment, and 40 percent comes from Airbnb hosts with multiple listings.”
http://prospect.org/article/evictions-and-conversions-dark-side-airbnb

Is Berkeley Like Disneyland?
“More than 40% of the homes that have permits to rent in Anaheim are owned by real estate companies, investment firms or the owners of multiple properties, according to city records.
“These are basically unsupervised mini hotels in our neighborhoods,” said Cornejo, who has called the police on his neighbors several times for late-night noise.
With so many strangers visiting their communities, some residents recently urged Anaheim council members to consider safety and security issues. Renter safety too has become a growing concern in the wake of some well-publicized reports of sexual assault, injuries and deaths at short-term lodgings in other towns.”
http://www.latimes.com/business/la-fi-anaheim-short-term-rentals-20151111-story.html

Evictions and Rent Hikes Skyrocket In Oakland
http://www.eastbayexpress.com/oakland/eviction-and-rent-hike-complaints-skyrocket-in-oakland/Content?oid=4580708

NY Attorney General Disregards Airbnb Promises
“It is a transparent ploy by Airbnb to act like a good corporate citizen when it is anything but,” Schneiderman told Re/code in an emailed statement. “The company has all of the information and tools it needs to clean up its act. Until it does, no one should take this press release seriously.”
http://recode.net/2015/11/11/new-york-attorney-general-activists-call-bullshit-on-airbnbs-promises/

By Posted on Posted in Issues

St. John
Leaders of the Berkeley Property Owners Association – including owners of Premium Properties, Shaw Properties, Everest, real estate agent Jon Vicars, legal advocate Michael St. John, and the notorious Lakireddy family – have formed a new political coalition. Is their primary purpose to run candidates for the Rent Board? No. Is it to bring lawsuits like the 2012 libel cases, to scare tenants away from running for election? No. We fully expect them to do those things as well, but the Berkeley Rental Housing Coalition is landlords pooling their money mostly to sue the Rent Board over a $19 increase in the registration fee. It was the first increase of the fee, which funds the Rent Board agency, in six years.

“…She was more concerned that lawsuits funded with PAC money could divert the board from its mission. ‘I think (the landlord’s) interest may be more in the board spending time and money to defend it, thus taking away from our core services.’ ”
http://www.insidebayarea.com/breaking-news/ci_28332932/berkeley-landlords-plan-coalition-challenge-rent-board

CA Supreme Court Upholds San Jose Requirements for Developers – But Inclusionary Housing Ordinance Will Not Apply To Rentals!

The state Supreme Court upheld the right of a city to impose affordable housing requirements on developers of for-sale housing, but let stand the 2009 Palmer decision, which said cities cannot limit the rent a developer can charge for newly built rental units because of the state Costa-Hawkins law. The decision also made it clear that a nexus study is not required because cities do not have to prove that the demand for affordable housing was created by the development of new buildings.

The ruling will impact over 170 local governments with similar inclusionary housing requirements and allow Berkeley to move forward with inclusionary laws. It’s good news for anyone who might scrape it together to buy some “affordable” housing, but bad news for folks who are pretty sure they will be renters for the rest of their lives. The decision again shows the need for tenants to come together statewide to change the Costa-Hawkins law.

“The Court noted that many land use regulations result in a reduction in the market value that a property may command in the absence of regulations and this does not constitute a taking of the diminished value of the property. In this regard, the Court reasoned that the affordable housing requirement was no different than limitations on density, unit size, number of bedrooms, required set-backs, or building heights.”
http://www.jdsupra.com/legalnews/california-supreme-court-upholds-88596/

California Building Industry Association v. San Jose Decision
CA Building Trades Vs San Jose final

Berkeley Student Paper Discusses Inclusionary Case
www.dailycal.org/2015/06/16/california-supreme-court-ruling-sets-precedent-for-inclusionary-housing-in-state/

For More Info on Costa-Hawkins:
“The Costa-Hawkins Act is not only contributing to soaring rent prices, but it’s also creating barriers to new housing construction.”
http://www.eastbayexpress.com/oakland/its-time-to-overturn-the-state-ban-on-rent-control/Content?oid=4229744

Another Tenant Screwed By Costa-Hawkins
http://crowandrose.com/2013/12/another-tenant-screwed-by-costa-hawkins/

Berkeley Tenants send huge hugs to the families of all the young people lost or hurt at Library Gardens.

Faulty Construction Likely Cause of Balcony Collapse
“The horrible structural failure of a 5th floor balcony that killed six and injured seven…has brought to the forefront the issue of safety in the frantic construction of apartment buildings mushrooming the city.”
http://dissidentvoice.org/2015/06/berkeley-structural-tragedy/

Deadly Balcony Collapse Tied to Rotted Wooden Beams
http://www.foxnews.com/us/2015/06/17/collapsed-berkeley-balcony-reportedly-not-intended-for-large-group/

A History Of Housing Safety Complaints
“The apartment complex’s housing code violations included holes in walls, trip hazards from damaged floors, loose metal strips in doorways, inoperable ceiling fans in laundry rooms and missing or inoperable exit signs throughout the building. The majority of violations were found during a random September 2013 city inspection of several low-income and affordable housing units in the complex.”
http://www.latimes.com/local/lanow/la-me-ln-berkeley-code-violations-20150619-story.html

Berkeleyside Report On Builder Track Record
“As it turns out, however, there was also a $3.5 million settlement in 2013 in Millbrae related to waterproofing and wood rot. And, that same year, Trestle Glen Associates, in Colma, filed a breach of contract lawsuit, still underway, against Segue related to ‘water intrusion causing tangible property damage.’ ”
http://www.berkeleyside.com/2015/06/17/firm-that-built-berkeley-complex-has-been-fined-sued/

Builder Under Scrutiny BEFORE Balcony Collapse
“The building has been the subject of numerous complaints, both through the city and online. The most recent official complaint, submitted in February to the Berkeley Rent Board, listed missing or broken stairwell lights, missing handrails on stairwells, holes in the walls of public spaces, expired fire extinguishers, and peeling floor material that posed a tripping hazard.”
http://www.berkeleyside.com/2015/06/17/berkeley-building-under-scrutiny-before-balcony-collapse/

Protest Calls For Investigation, Halt for New Construction
A group of concerned citizens has called for a moratorium on new building construction in Berkeley until the tragedy at Library Gardens can be analyzed. The Berkeley Daily Planet posted an editorial with a similar suggestion.

Protesters’ Letter to Council Linked Here
http://www.berkeleyside.com/2015/06/19/protesters-demand-a-halt-on-new-construction-in-berkeley/

Daily Planet Suggests Pause for Building Approvals
http://berkeleydailyplanet.com/issue/2015-06-12/article/43421?headline=Ask-Council-to-Analyse-Problems-Before-Scheduling-New-Construction–