Updates

Rent Board
Tonight the Berkeley Rent Board will vote to narrow down the candidates who are applying to fill Commissioner Harr’s seat on the Board. There were over 16 applicants including many BTU members, several folks who serve on other Berkeley Commissions, and former landlord Commissioner Judy Hunt, who was just voted out of office!
To see applications look in the agenda packet:
http://www.cityofberkeley.info/uploadedFiles/Rent_Stabilization_Board/Level_3_-_General/Item%204.a.(2)_Applicant%20submittals%20by%20name.pdf

To comment to the Board, you must appear in person at 7 PM.

Short Term Rentals
Tomorrow we hope the City Council will vote to pass (on second reading) a decent if not ideal law about short term rentals. BTU Steering decided to support this draft because the most important thing for Berkeley renters is that the city ENFORCE the rules about not turning rent controlled units into hotels! To date, the city has never responded to us about complaints BTU has filed regarding large landlords who rent multiple units on Airbnb. With the new City Council, and this new law, we hope to reduce the loss of permanent housing.

Some owners offer each room as a separate STR.

Read it here (Item 1):
http://www.cityofberkeley.info/Clerk/City_Council/2017/02_Feb/City_Council__02-28-2017_-_Regular_Meeting_Agenda.aspx
Support Item One by Emailing:
council@cityofberkeley.info

Save The Date: Better Tenant Protections
As mentioned in our newsletter, the new Mayor Jesse Arreguin is going to move forward on better tenant protections by revising last year’s lame TPO. Council will review the new draft ordinance on March 14.

The Berkeley City Council may finally pass some Short Term Rental (STR) laws on Tuesday, May 31. The problem for tenants is that city staff won’t enforce the existing ban on STRs until Council makes the new laws, yet the draft being contemplated by Berkeley repeats the mistakes that have caused problems for San Francisco, Portland and other cities with tight rental markets that are popular tourist destinations.

In May and June of 2015, several activists and tenants impacted by short term rentals in their building filed code enforcement complaints on behalf of BTU against some of the landlords who are listing multiple empty units on AirBnB and other websites.

So far, Berkeley has refused to act on these and other complaints.

Some Landlords List Many Units
Some Landlords List Many Units

A new report from San Francisco on the impact of AirBnB on the rental housing market calls for SF Supervisors to require “hosting platforms” to only advertise rentals that are legally listed with the city. Yet Berkeley’s draft recommended by planning Staff does even require that an advertisement show an identifying license number.

We ask Berkeley Tenants to join BTU in asking the City Council to enact legislation requiring hosting platforms to only list units and hosts that are registered with our City and to fine hosing platforms like HomeAway, FlipKey and Airbnb if they advertise rentals which are not legal here. This would allow less expensive enforcement of the new laws, which will allow regular folks to rent out their own home. We hope the new law will stop large landlords from turning whole apartment buildings into hotels – as several have done already!
We also want to support the Rent Board, Planning Commission and Housing Commission in suggesting that units where tenants have been evicted through OMI or Ellis Act evictions should not be allowed to be short term rentals in Berkeley. Please take a look at the report from the Rent Board, which is an attachment below.
Finally, we suggest you write to the City Council to request that no whole units, not even in-law or accessory units, be converted to hotel rooms when we need every single housing unit to be offered to folks who live and work in Berkeley! Although the original Council referral asked that the law require any short term rental to be someone’s primary home, the Staff draft of the new law would allow some 2nd units on owner-occupied properties to be offered as tourist rentals. As the analysis of the impact of Airbnb in San Francisco shows, losing units to short term rentals does drive up housing costs.

More Information:

Kathy’s Letter on Enforcement
STRS Council May 2016 from KH

Handy Chart on Different Versions from Jesse Townley
http://www.cityofberkeley.info/uploadedFiles/Rent_Stabilization_Board/Level_3_-_General/7a2.pdf

Council Item 30 for May 31
This item has six attachments, including two versions of the ordinance. BTU favors the Planning Commission draft, but even that’s not ready to be law as written. The best place to access the item is in the full agenda packet on page 285.
https://dl.dropboxusercontent.com/u/35320626/2016-05-31%20Agenda%20Packet%20-%20WEB.pdf

Rent Board Report on No-Fault Evictions
https://www.cityofberkeley.info/Rent_Stabilization_Board/Committee_Meetings/2016/16_May_12_FULL_Agenda_Packet_4x4_Committee.aspx

Berkeley’s Housing Commission on Vacation Rentals
http://www.dailycal.org/2015/10/04/housing-advisory-commission-makes-short-term-rent-recommendations/

SF Report on Enforcement
http://www.sfbos.org/Modules/ShowDocument.aspx?documentid=55575

SF Analysis of STR Impact 2016
http://www.sfbos.org/Modules/ShowDocument.aspx?documentid=52601

Also on the May 31 Agenda:

Item 19 Support AB 2502 Inclusionary Housing
Ask the state to allow local requirements for affordable rental housing. Right now, Berkeley can’t require that developers include lower-income units on site if the housing being built will be rental housing. California needs to make a law to allow Berkeley control over local zoning mitigations.

Item 21 – End Discrimination Based on Tenant’s Income Source
Owners would have to accept Section 8 Housing Vouchers.

Item 27 Placing a Measure on the November 8, 2016 Ballot to Increase the Business License Tax on Owners of Five or More Residential Rental Units

Item 31 Tenant Protection OrdinanceRead more »