This 18-unit OCCUPIED building on Durant has applied for a demolition permit.
This 18-unit OCCUPIED building on Durant has applied for a demolition permit.

Berkeley City Council is supposed to discuss three major policy changes concerning tenants THIS TUESDAY. There is a move to require owners of unsafe buildings to retrofit for earthquakes and another to allow tenants to be evicted for smoking cigarettes — but by far the most alarming issue is the Demolition Ordinance.

Last week, the Planning Commission was to consider changes to the law that have been in the works, and in the news, for months. But city staff said a California Supreme Court decision called Sterling Park, and a pending decision on a case involving the City of San Jose, mean that the city should do a “nexus study” before they change the existing law on demolition.

Since most of the changes weren’t very good for tenants, you might think that is good news — but it’s not! For one thing, a nexus study is about a fee, not about requiring one-for-one replacement of demolished rent controlled units with permanently affordable housing. For another, the City Attorney says the current law means any EMPTY rent controlled unit can be bulldozed with no mitigation whatsoever.

BTU needs you to stand with us during public comment on Tuesday at 7 PM!

We were told the demolition law would be on the Council agenda this week, but it isn’t, so we want folks to come during comment for off-agenda items, to restate the message in our petition – which now has over 270 signatures.

BTU member and Rent Board Commissioner Judy Shelton said it best at the Planning Commission:

“The various considerations of how to proceed with the Demolition Ordinance are confusing and difficult to parse, but for tenants this is a really simple issue: We want one-for-one replacement on demolitions of rent-controlled units, and we want these replacement units to be permanently affordable.

We don’t care what studies the City needs to conduct to make this happen. We don’t want a financial mitigation of $20,000, or even $34,000. We want the units.

We don’t care about the Sterling Park court decision. All we care about is that no affordable units be lost.

And if the City can’t do that, the City shouldn’t tear down rent-controlled housing.”

Demolition: Sterling Park Court decision – City Council Item 21
Seismic Safety: Item 24
Smoking in MultiFamily Housing: Item 27
http://www.ci.berkeley.ca.us/Clerk/City_Council/2013/11Nov/City_Council__11-19-2013_-__Regular_Meeting_Agenda.aspx

100913Thursday, October 10 at 5 PM
Final Public Hearing on Seismic Retrofits
City of Berkeley Hearing sponsored by ASUC
UC Berkeley Alumni Hall: 2537 Haste Street

Currently, the plan is to allow landlords to pass costs onto tenants if the landlord can claim paying for the retrofit is a hardship. Since Rent Board rules already allow owners to pass costs on to tenants if they are not making a fair return on their investment, these new hardship rules imply that owners who “need” to raise rents for seismic safety are already making a fair return, so where is the hardship??!

REVISED DATE! Tuesday, November 19 at 7 PM
Seismic Retrofits to City Council
Council Chambers: 2134 Martin Luther King Jr. Way

The Rent Board recommendations were posted in a recent BTU update: Rent Board Seismic
The Housing Advisory Commission recommendations: HAC Memo SWOF with HAC amendments

more info:
http://www.ci.berkeley.ca.us/Planning_and_Development/Building_and_Safety/Soft_Story_Program.aspx

garages
2091 California is already retrofitted.

This Thursday, October 3, the Housing Advisory Commission will vote on their recommendations to Council regarding the law to require landlords to fix unsound buildings. BTU attended the last HAC meeting to speak about our concern:

Tenants should not have to pay extra rent for safe housing!

The City will hold the final public hearing on the law to require seismic retrofits for Berkeley’s most unstable rental housing on October 10 at 5 PM. Since the first hearing was held over the summer, and so many students live in these “soft story” buildings, the October hearing is cosponsored by Berkeley’s ASUC and will be held on campus but open to everyone. Only five tenants spoke at the July 27 hearing, although more than 40 landlords were present.

On September 16, the Berkeley Rent Board finished their recommendations to Council, which cite many ways that owners with financial hardship could pay for retrofits without raising rents. However, even the Rent Board voted to consider amending rules so that landlords can raise rents! If tenants do not speak out at the meetings listed below, Berkeley tenants could see increases under the new mandatory retrofit rules like those in San Francisco, where rents in unsafe buildings are going up an average of $900 a year!

Seismic Retrofit Recommendations
Thursday October 3 – 7 PM
Housing Advisory Commission
South Berkeley Senior Center

Final Public Hearing on Seismic Retrofits
Thursday October 10 — 5 PM
City of Berkeley Hearing sponsored by ASUC
UC Berkeley Alumni Hall – 2537 Haste Street

Seismic Retrofits to City Council
REVISED DATE November 19 — 7 PM

Council Chambers: 2134 Martin Luther King Jr. Way

City website, including draft law and inventory of unsafe buildings:
http://www.ci.berkeley.ca.us/Planning_and_Development/Building_and_Safety/Soft_Story_Program.aspx

Rent Board recommendations:
Rent Board Seismic

potluck_01Our friends from the Eviction Defense Center will provide Tenant Counseling from 6 to 6:30 PM before this month’s BTU gathering.

Come break bread with tenants, smart landlords, activists, and everyone who wants to keep rent control strong and working in Berkeley. Bring any dish you like – but vegetarian food is always encouraged!

If any members have an announcement to share, please contact us before the meeting to be allocated time. We will keep announcements brief, but both of the issues BTU has been focused on this summer are coming up before the Planning Commission, Rent Board and City Council. Learn what you can do to stop dangerous revisions to the Demolition Ordinance, and finally move forward the requirement to retrofit the apartment buildings identified in 2005 as “Soft Story.” EDC will also say a few words about the problems they are seeing most from Berkeley tenants.

When:  August 14, 2013 6:30-8:30

Tenant’s Rights counseling at 6pm, potluck from 6:30-8:30 p.m.

Where: Grassroots House, 2022 Blake, Berkeley between Milvia and Shattuck map

Children are welcome.  Please contact us if you would like to share childcare arrangements.

Note: beginning September 18, Potlucks will be the third Wednesday of the month.

Tenants are urged to speak out about paying for these earthquake safety improvements.

  • Wednesday, August 7th 7pm
    Disaster and Fire Safety Commission
    Fire Department Training Facility
    997 Cedar Street @ 8th Street
  • Monday, August 26th, 7pm
    Rent Stabilization Board
    Council Chambers
    2134 Martin Luther King Jr Way @ Center St
  • Wednesday, Sep 4th, 7pm
    Planning Commission
    North Berkeley Senior Center
    1901 Hearst Street @ MLK
  • Thursday, Sep 12th, 7pm
    Housing Advisory Commission
    South Berkeley Senior Center
    2939 Ellis Street @ Ashby

more info: http://www.ci.berkeley.ca.us/Planning_and_Development/Building_and_Safety/Soft_Story_Program.aspx

softstoryBTU is very focused on Seismic Safety this summer. San Francisco passed a mandatory retrofit law that allows landlords to pass the costs of seismic upgrades to their tenants; it has been reported that the average rent increase there will be $900 a year! We won’t let this happen in Berkeley! Please join BTU by coming to our August 14 Potluck to learn how you can help.

The really good news at the first public hearing on retrofits, held July 25, was that the city has hired one staff member to deal with “Soft-Story Phase 2” – the retrofit law. Berkeley has not really enforced the 2005 rules (“Soft Story Phase 1”) in part because there has been no dedicated staff in the Housing department for this work.

Berkeley landlords had a huge turnout July 25, with their comments ranging from helpful suggestions to difficult demands. Several landlords pointed out that the city permit process makes it more expensive to retrofit by making their construction timeline uncertain and requiring additional safety work be done at the time the retrofit permit is issued. Many also claimed they can’t afford a retrofit and can’t get a loan to do one. The city has discussed creating a low-interest loan fund for owners who really can’t afford to make their buildings safer, but several landlords said they want to see a zero-interest loan from the city.

Most tenants who spoke talked about how they want their building to be safe, but believe any substantial rent increase would be a hardship. Some said they were willing to pay a little more rent if they could afford it. Tenants also spoke about fear of temporary relocation, but Rent Board speaker Matthew Siegel said few retrofits are expected to require relocation. Landlords said the law (Relocation Ordinance), which requires that owners pay a “rent differential” and other expenses for tenants who must temporarily move out, is unfair.

Currently, 109 buildings on the original unsafe list are now retrofit, while 18 have not even done the engineering report required under the 2005 law. There has been no city tracking of compliance with the required posting of warning signs, but BTU joined the Third Annual Day of Seismic Action and found many buildings lacked signage. No fines have been issued.

The Rent Board speaker said that agency would consider allowing costs to be passed through to tenants, so we intend to gather tenants to speak at upcoming hearings at the Rent Board (possibly AUGUST 26), Disaster and Fire Safety Commission (AUGUST 7), and the Planning Commission (SEPTEMBER 4).

July 25 Hearing:
http://www.berkeleyside.com/2013/07/26/berkeley-renews-focus-on-retrofitting-soft-story-buildings/#disqus_thread

Draft Legislation:
http://www.ci.berkeley.ca.us/Planning_and_Development/Building_and_Safety/Soft_Story_Program.aspx

No Signs Posted at Many Unsafe Structures:
Seismic Day of Action 2013 Report 

Related: Alameda renters got eviction notices from the new owners at Marina View Towers. Carmel Apartments will evict 84 families to perform seismic retrofits.
http://blog.sfgate.com/inalameda/2013/07/27/the-broad-brush-your-alameda-news-in-60-seconds-33/

RetrofitHEARING: Berkeley is moving forward with a law to require unsafe buildings to retrofit. A public hearing is scheduled for Thursday, July 25, at the North Berkeley Senior Center at 7 PM.

A few months ago, San Francisco passed a mandatory retrofit law which requires tenants to pay for the building safety improvements, but activists are asking for rules to ease the burden on low-income renters. Rent increases in SF are expected to be over $900 per year. Join the Berkeley Tenants Union to make sure you don’t have to pay to make your building safe!

Proposed Berkeley Law: http://www.ci.berkeley.ca.us/Planning_and_Development/Building_and_Safety/Soft_Story_Program.aspx

On San Francisco’s Law: http://www.theepochtimes.com/n3/8861-not-all-sf-renters-need-to-pay-for-earthquake-retrofits/

Sign Hidden Behind Door
Sign Hidden Behind Door

BERKELEY’S SEISMIC DAY OF ACTION: In March, BTU joined with students to visit 20 buildings on the “Soft Story” list – and we found HALF of the buildings had not posted warning signs as required by a 2006 law! Code Enforcement has refused to issue any fines.

Seismic Day of Action 2013 Report

Daily Cal on the Report: http://www.dailycal.org/2013/06/30/survey-finds-some-berkeley-buildings-do-not-meet-earthquake-safety-requirements/

NEW WEBSITE: In exciting news, a student leader from Cal has created a website where anyone can look up the status of their building in relation to Berkeley’s list of buildings that are expected to immediately collapse in an earthquake of the size that struck San Francisco in 1991. This list includes only buildings known as “soft-story” — it doesn’t list buildings that are seismically unsafe but of other construction types, unfortunately. BTU will be working to get our city leaders to address “podium” and “unreinforced masonry” buildings too! Join us!

Berkeley Safe Renting is here: http://senator.kleinlieu.com/saferenting/

Sign & Flier

San Francisco Tenants to Pay for Retrofit of Unsafe Buildings: Don’t Let This Happen in Berkeley!

San Francisco just passed a law requiring unsafe buildings to retrofit — something Berkeley leaders have been “working out” since 2005! However, San Francisco laws currently allow landlords to put 100% of the cost onto the renters! That city says they are working on follow-up rules that would limit the increases on low-income tenants. Here at home, seismic safety is one of BTU’s top priorities, and we don’t want to see tenants pay for something that ought to be a given — living in a building that won’t kill them! Come to our monthly potluck on April 10th to learn how you can help!

http://www.ktvu.com/news/news/local-govt-politics/sf-supes-approve-ordinance-requiring-retrofits-sof/nXBMR/