This just in – SB603, the great bill to protect security deposits that we’ve been telling you about, has failed in the state Senate. Tell your San Francisco pals that their Senator voted against protections for tenants. SF voters and friends of tenants everywhere should give Leland Yee a call and let him know we will remember his vote: 916-651-4008.
http://legiscan.com/CA/bill/SB603/2013

An Everest Properties Building.
An Everest Properties Building.

Also in the news, Berkeley Property Owners Association President Sid Lakireddy, whose family is one of Berkeley’s largest landlords, has filed a lawsuit against the four candidates for Rent Board chosen at the Tenant Convention in 2012. Lakireddy, who was a key leader in raising over $40,000 from landlords and property managers to try to defeat the Progressive Affordable Housing Slate, claims he isn’t a public figure. Igor Tregub is fundraising to defend the Slate’s first amendment rights.
http://www.berkeleyside.com/2013/05/30/sid-lakireddy-sues-berkeley-rent-board-candidates-for-libel/
The lawsuit references the well known 1999 case against Sid Lakireddy’s uncle, who was convicted of transporting minors for illegal sexual activity and other offenses. In case you are new to Berkeley, you can learn about it on these sites:
http://www.wassusa.com/
http://www.dianarussell.com/why_did_chanti_die.html

Also this week, the Daily Cal reported that Berkeley’s City Council will continue debate on a law prohibiting smoking inside and outside of apartments and condos (BTU has not taken a position):
http://www.dailycal.org/2013/05/29/city-council-considers-law-prohibiting-smoking-in-all-berkeley-apartments/

Handful of MoneyWe’ve got some good news about SB603 – the great new law about Security Deposits that we keep telling you about. Thanks to unified support from tenants all over the state, the bill has moved out of committee and into the state Senate.

However, we really need to KEEP UP THE PRESSURE. The California Apartment Association has its members writing letters every day. They say, “With the change to the penalty provisions of the law, more tenants would surely challenge their deposit return. Any degree of victory would mean getting all of a security deposit back, plus penalties and actual damages.” Indeed!

WRITE YOUR SENATOR NOW: http://yourdeposit.org/

SF Chronicle article:
http://www.sfchronicle.com/realestate/article/Security-deposit-rules-in-Leno-legislation-4540903.php

What the opponents are saying:
http://caapartments.org/help-caa-fight-interest-on-security-deposits-bill/

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In 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!

The Planning Department and the Rent Board have agreed on language for the Demolition Ordinance, thanks in part to public pressure from BTU members at the Planning Commission hearing last month!

However, our City Council is known for laying a brand new draft on the table at the last minute, so everyone should be prepared to both Write and Attend the Council Meeting on Tuesday June 4. BTU also has some concerns regarding legalization of duplexes that have been turned into single family homes without permits in the past decade. Watch this space for more info – it would be great if we can get letters to Council in advance since, for a change, we know this item is coming up.

1930 and 1922–24 Walnut Street (photo: Daniella Thompson, 2009)
1930 and 1922–24 Walnut Street (photo: Daniella Thompson, 2009)

In 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!

The Zoning Adjustments Board continued the appeal of Equity Residential’s mega-development. ZAB got about a dozen letters from BTU members objecting to a new interpretation of the Demolition Ordinance that would allow destruction of any empty rental unit without replacing it with affordable housing. This issue dominated the ZAB discussion but was continued to Thursday JUNE 13. BTU needs you to SHOW UP and STAND AGAINST UNMITIGATED DESTRUCTION OF RENT-CONTROLLED UNITS! This decision will certainly impact how the City Council decides on the new version of the Demo Ordinance. Don’t allow them to say empty units can be torn down – or you will be evicted soon!

Smoking

Berkeley’s City Council postponed a vote on a ban on all smoking in all multi-unit housing in the city until their May 28 meeting. BTU has not taken a position.

From Berkeley Patch:
Berkeley could become the first rent-control city in the nation to ban secondhand tobacco smoke in all multi-unit housing if the City Council adopts an anti-tobacco ordinance that was on the May 7 council agenda, according to city staff.

The city law would make it illegal to expose neighbors in multi-unit buildings to secondhand tobacco smoke and would require all new leases in such housing to include no-smoking clauses.

The proposed ordinance was developed by staff during the past year from study of smokefree housing laws in other California cities and consultation with Berkeley’s Community Health Commission and Rent Stabilization Board, according to a detailed, 28-page staff report prepared for the council meeting. The staff met also with the Medical Cannabis Commission and the Commission on Aging, according to the report.

The staff report is attached to this article.
http://berkeley.patch.com/articles/berkeley-eyes-anti-tobacco-law-in-multi-unit-housing

Justice?Berkeley’s Rent Board will discuss support for the state bill SB603 which would provide further protections for tenants and their security deposits. All-too-often, landlords don’t return security deposits or follow state laws, such as the rule that they have to let tenants know they can request a pre-move inspection, or the law that landlords must send copies of receipts. SB603 would allow a chance for tenants who have to take owners to small claims court to get damages. And if landlords risk having to pay the tenant MORE than just their deposit, maybe landlords won’t try to keep it for no good reason.

Tell the Rent Board what you think on Monday, or write them here: rent@ci.berkeley.ca.us
If you write the Rent Board, please say you support BTU and make sure you title your email “For the Commissioners re: May 13 Meeting” so it gets to them.

Tenants Together, the statewide group leading the charge on this issue, just published a report about security deposit theft.

The report contains the following findings from a survey of Tenants Together members from across the state:

  • 60% experienced unfair withholding of some or all of their deposit;
  • 53% did not receive any of their deposit funds within 21 days of vacating the last time they moved;
  • 36% reported that their entire deposit was never returned the last time they moved.

The report also analyses of the outcomes of security deposit cases filed by tenants in small claims courts to recover their deposits. The three-courthouse study, the first of its kind in California, found:

  • Tenants prevailed in over 70% of the cases that went to judgment;
  • In only 3.5% of the security deposit cases filed by tenants was a landlord assessed a penalty by the court.

read more here:
http://www.tenantstogether.org/article.php?id=2707

state bill:
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB603

1930 and 1922–24 Walnut Street (photo: Daniella Thompson, 2009)
1930 and 1922–24 Walnut Street (photo: Daniella Thompson, 2009), courtesy of BAHA

Berkeley’s Zoning Adjustments Board voted unanimously to approve Acheson Commons in December – but their vote included allowing a dangerous new interpretation of Berkeley’s Demolition Ordinance which will certainly lead to future evictions in Berkeley! Please write them NOW!

Thursday May 9 the ZAB is to reconsider allowing deep-pockets developer Sam Zell’s Equity Residential to tear down eight rent-controlled units on Walnut Street, but not replace them with affordable housing at the 205-unit development, which is one of the first under the Downtown Area Plan.

It seems the City has a new view of the Demolition Ordinance which allows destruction of empty rent controlled units without requiring replacement. They say if no one lives there, it isn’t “rent-controlled” – this will lead to evictions! This is also the view city staff were pushing for the revision of the Demo Ordinance, which should be before the City Council later in the summer, so we need to show that Berkeley won’t stand for unmitigated destruction of affordable housing while developers make billions on new bedrooms for dot-com commuters.

PLEASE WRITE TO ZAB RIGHT NOW! TBlount@CityofBerkeley.info

Read more »

Turret

You are invited to the Berkeley Tenants Union May Potluck.

Come break bread with tenants, smart landlords, activists, and everyone who wants to keep rent control strong and working in Berkeley.

When: May 8, 6:30-8:30 pm
Where: Grassroots House, 2022 Blake, Berkeley between Milvia and Shattuck
RSVP: info (at) berkeleytenants.org (Children are welcome. Please include in RSVP. There will be childcare.)

There will be a brief presentation by the Oakland Tenants Union.

Our awesome web guy and I went to the Berkeley Public Library and took some photos from their file on the history of the rent strike, the birth of rent control, and the struggles of the Berkeley Tenants Union in the 1970s and 1980s. We will post some of the scans and copies of full-text articles at a later date – here’s the really fun stuff!

Click on each photo for a closer view.

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