Rental Housing

Rental

Housing EAST BAY RENTAL HOUSING ASSOCIATION | JANUARY 2013

NEW LAWS FOR 2013

Complete Guide on How Landlords Can Stay in Compliance

PLUS: EBRHA FORMER PRESIDENT BILL BAGNELL LOOKS FORWARD THE BENEFITS OF EVICTION CASE SETTLEMENT

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Contents

East Bay Rental Housing Association

JANUARY 2013

Volume X, Number 1 January 2013 EBRHA OFFICE

360 22nd Street, Suite 240 Oakland, CA 94612 tel 510.893.9873 fax 510.893.2906 www.ebrha.com EBRHA STAFF DIRECTOR OF OPERATIONS | Cathy Hayden

chayden@ebrha.com | x1

Features & Columns

DIRECTOR OF COMMUNITY AFFAIRS | Jill Broadhurst

jbroadhurst@ebrha.com | x3 DIRECTOR OF ADVERTISING SALES | Tina Bocheff

tbocheff@ebrha.com | x6 PUBLICATIONS & COMMUNICATION PRODUCER

Esteban Cortez | ecortez@ebrha.com | x5 MEMBER SERVICES, EDUCATION & ACCOUNTING Danielle Walker | dwalker@ebrha.com | x2 MEMBERSHIP DEVELOPMENT COORDINATOR

Carrie Sinai | csinai@ebrha.com | x4 EBRHA OFFICERS PRESIDENT Wayne C. Rowland 1ST VICE PRESIDENT Irina Gelfenbeyn 2ND VICE PRESIDENT Luke Blacklidge TREASURER Conor Murphy SECRETARY Jack Schwartz EBRHA DIRECTORS

10

14

When to Settle an Eviction Case

Looking Back, Looking Forward

BY BILL BAGNELL

BY CLIFFORD FRIED

18

34

TIPS FROM THE PROS

30

Predictions for the 2013 Housing Market Carbon Monoxide Doesn’t Rest

BY RANDY LINDENBERG

ESQ. & A

A Messy Situation

BY VARIOUS AUTHORS

4 RENTAL HOUSING

| JANUARY 2013 |

PRODUCED BY

EBRHA Communications Committee Tina Bocheff, Esteban Cortez, Irina Gelfenbeyn, Wayne C. Rowland EDITOR Tina Bocheff ART DIRECTOR & PRODUCTION Esteban Cortez

ebrha.com

THE GREEN SHEET

Green Building Outlook Strong Despite Soft Economy

Events & Directory 36 COMMUNITY CALENDAR 38 M EMBER DIRECTORY 42 M EMBERSHIP APPLICATION 42 A D INDEX

Rental Housing (ISSN 1930-2002-Periodicals Postage Paid at Oakland, California. POSTMASTER: Send address changes to RENTAL HOUSING, 360 22nd Street, Suite 240, Oakland, CA 94612.

Rental Housing is published monthly for $36 per year by the East Bay Rental Housing Association (EBRHA), 360 22nd Street, Suite 240, Oakland, CA 94612.

Rental Housing is not responsible for the return or loss of submissions or artwork. The magazine does not consider unsolicited articles. The opinions expressed in any signed article in Rental Housing are those of the author and do not necessarily reflect the viewpoint of EBRHA or Rental Housing.

This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services. If legal service or other expert assistance is required, the services of a competent person should be sought. Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by EBRHA, express or implied, of the advertiser or any goods or services offered.

Published monthly, Rental Housing is distributed to the entire membership of EBRHA. The contents of this magazine may not be reproduced without permission. Publisher disclaims any liability for published articles. Printed by Jostens Printing Co. Copyright © 2013 by EBRHA. All rights reserved.

COVER PHOTO: KAZUHO OKUI

More 28

Wayne C. Rowland

Tina Bocheff | 510.318.8303

BY RONALD M. KINGSTON

NEWS

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contributors

PROTECT YOUR BOTTOM LINE

MICHAEL SHEPHERD Michael Shepherd has practiced law for more than 10 years, handling a variety of civil and criminal legal cases and taking many of them to trial. The Shepherd Law Group was founded and established based on an active landlord-tenant practice focused on residential, commercial, industrial, retail and office properties. He is an expert in this practice area and regularly represents the needs of individual owners as well as institutional owners and their property managers.

RONALD M. KINGSTON Ron Kingston is president of the California Political Consulting Group. He has 30 years of lobbying experience and is one of the original writers of the state’s legislation against rent control, the CostaHawkins Act. He grew up in South Lake Tahoe and lives in Carmichael with his wife Sherrie, a financial planner. In his spare time, he cycles, skis and takes international scuba diving trips.

RANDY LINDENBERG Randy Lindenberg earned a Bachelor of Science degree in Administrative Science from the Graziadio School of Business & Management at Pepperdine University.

He worked for Southern California Gas Company in various customer service positions for 35 years. He started as a residential service technician where he serviced the equipment at residential properties. He went on to become a commercial service technician where he serviced and repaired the equipment at commercial properties and restaurants.

His final position at The Gas Company was as an Industrial Service Technician (IST). His service area encompassed Central and North Orange County.

ONLINE TENANT SCREENING Call Today 510.893.9873 EBRHA provides members with low-cost online resident screening.

Partnered with Contemporary Information Corp. (CIC), resident screening has one objective: to make sure your leasing decisions make the greatest possible contribution to your bottom line. As of April 2009, landlords can collect a maximum of $42 for an application fee.

MEMBER PRICING Basic Report . . . . . . . . . . . . $13 Telecheck. . . . . . . . . . . . . . . . $6 Criminal and DMV checks are available, as well as social security traces.

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East Bay Rental Housing Association 510.893.9873 | FAX 510.893.2906 ebrha.com TEL

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news

A view of housing in Albany and the East Bay hills.

Predictions for the 2013 Housing Market REALTYPIN WRITER DANIEL TORELLI WROTE THE FOLLOWING: Odds are you didn’t sit around your Thanksgiving table last year and predict that we’d end 2012 with mortgage rates hovering around 3.3%, or with much of the housing market talk surrounding a “fiscal cliff” (bonus points to you if you had ever used the term “fiscal cliff” back then!). The point is, it’s tough to make predictions about something as fluid as the housing market. However, we’re going to try! Here are our best guesses as to what’s going to happen to the nation’s housing market in 2013:

One prediction is that we will benefit from years of “underbuilding.” For years, the U.S. has had a glut of vacant houses.

In fact, shortly after the recession began, 3% of the nation’s existing homes were vacant — an all-time high (normally, only about 1.5% of American homes are vacant). As of mid-November, the vacancy rate was down to 2.1%. Since our vacancy rate has been so high for so long, builders haven’t been building anything new. As a result, all of those existing homeowners won’t have anything “new and shiny” to compete with as they try to sell their homes in 2013, 8 RENTAL HOUSING

| JANUARY 2013 |

which will undoubtedly make it easier on them. That could give existing home sales a slight boost. Another prediction is that rent prices will hit a plateau. In many cities, rent prices are at an alltime high (just look at Boston, where the average rent is $1,800 per month!).

Landlords have been taking advantage of the fact that many people are leery of buying. However, they won’t be able to keep raising their prices forever. With rent prices so high — and home values so low — it’s actually significantly cheaper to buy a home than it is to rent one in many places. But if rent prices get

ebrha.com

too much higher, renters may just forget their buying fears and dive right into home ownership, simply to save some money! As a result, landlords will have to cool it with the price increases — or risk alienating a lot of would-be tenants. We also predict that quantitative easing will backfire in 2013. Okay, maybe “backfire” is too strong of a word. The goal of the Federal Reserve’s Quantitative Easing plan is to keep interest rates low, and so far, that part of the plan is working. However, the Fed admits that Quantitative Easing is going to be around for the foreseeable future, and that’s where the problem could arise. Fed Chairman Ben Bernanke says he wants to keep interest rates low until 2015.

If he does, what incentive do people have to buy anytime in the immediate future?

If they know they can take advantage of low rates in a year or two, why buy now?

And, if people don’t rush to buy now, will the housing market really be able to spring into action? Finally, we think no major changes will take place until the “fiscal cliff” is resolved. This is an easy prediction to make, since the Bush tax cuts are set to expire on December 31st! However, everyone is waiting to see what — if any — cuts are going to replace them. If Americans wind up paying more taxes, they may not be so willing to run out and buy new homes or take on any kind of additional debt. And, until we know just how bad the “fiscal cliff” is, we don’t know how real the threat of another recession is. As a result, many Americans may decide to hold off on making any major purchases — like buying a home — until they see what’s going to happen with the nation’s economy.

Good and Bad Apartment Reviews Go Live on New Website DoNotRent.com is the first national apartment review and ratings website where renters can not only write reviews of apartments they rented but also of apartments they toured from a mobile device. The site is dedicated to providing an easy to use platform for users to search and write unbiased good or bad reviews, information about apartments and rental market data. Some of their newest improvements concern property

PHOTO: JOHN MARTINEZ PAVLIGA

COLUMN

managers and owners. Property managers can add apartments for free and claim listings for a small fee which will allow them to market available units, add a link to drive traffic to their website, receive leads and respond to reviews. Property managers will also be able to inform renters if an issue has been fixed or if they made an improvement. The site also includes social networking integration with Facebook, Twitter and others, giving renters easier access to search, write and share reviews. Another social feature allows users to anonymously message reviewers and engage in a conversation.

“Social media integration will allow users to interact more which will improve the quality and quantity of information they can use to make an informed decision about renting an apartment,” said Mike Cerny, Founder of DoNotRent.com. With improved social networking integration, DoNotRent.com is confident the site will become more useful to everyone. Renters and landlords can bookmark apartments, maintain their profile and setup alerts when apartments they review or bookmark receive a new review. Unlike national apartment locators that claim to offer unbiased reviews, DoNotRent. com’s primary objective is delivering the newest and most accurate apartment reviews to renters. Because there are no competing interests, they provide objective and unbiased user reviews. Acknowledging the increasing diversity of devices available to renters, users will be able to access the new site using laptops, PCs, tablets and mobile devices. In the next 60 days, DoNotRent.com will be launching a custom mobile site with future plans to release Android and iPhone apps. Created by a group of Chicago renters as a trusted resource for renters, DoNotRent. com has grown from beta testing in 2011 into one of the fastest growing apartment review sites. The company plans to continuously improve services for renters and property managers.

U.S. Multi-housing Vacancy Rate to Rise Slightly in 2013 According to a new CBRE group Inc. study, the U.S. multi-housing mar-

ket vacancy rate is expected to increase

modestly to 5.3 percent in the new year.

The increase, from 4.5 percent in this year’s third quarter, will be driven by two factors: new construction completions and a slight tapering off of demand from historically robust levels in recent years.

CBRE researchers further forecast that the multi-housing vacancy will fall back to 5.2 percent in 2014. Gleb Nechayev, senior managing economist for CBRE Econometric Advisors, remarks, “It is a great time to own multi-housing properties: apartment demand is benefiting from the slowly recovering economy as well as rapidly expanding pool of renter households.” Monthly rents have now exceeded previous peaks in most markets, while vacancy rates are below historical averages. The market entered an expansion phase in the fourth quarter of 2011. Since then, fundamentals have continued to steadily improve. In addition, new supply has picked up significantly due to positive fundamentals. Geographically, CBRE projects that top-performing multi-housing markets will be those with heavy concentrations of high-tech employment, most notably San Francisco, Denver, Austin, and Atlanta. Those markets where total employment has already surpassed pre-recession peaks, such as Houston and San Antonio, are also expected to do well.

Finally, strong cyclical recoveries in rents are also expected to start in some of the cities hardest hit by the housing boom going bust. These markets, which include Orlando and Phoenix, should lead the country in rent growth.

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Housing Crash Leaves Many Young Homeowners Underwater New CoreLogic data shows that years of tumbling home values nationally have left almost 11 million Americans upsidedown on their home loans. According to the new CoreLogic research, the housing crash has hit young, first-time homeowners who bought at or near the height of the market especially hard. By some counts, almost 50 percent of mortgage holders under the age of 40 are currently upside down on their mortgages and are, as a result, stuck in place both geographically and in building wealth and potentially their careers. RH

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JANUARY 2013

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RENTAL HOUSING 9

COLUMN

the president’s message

it all came together to create the vibrant, relevant, and active association that is the East Bay Rental Housing Association.

Some of the key events that occurred during this period included changing our office operations. As director of operations, Cathy Hayden consolidated our accounting functions, acquired a new tenant screening vendor, and brought us into compliance with federal credit reporting standards. Danielle Walker is the capable Former EBRHA president Bill Bagnell looks back at voice on the phone providing member EBRHA’s positive changes and accomplishments. services, and the professional presence in

BY BILL BAGNELL our education classes.

With new office operations came either had to change CAA or find our physical growth. A few months after leavown direction. ing CAA, we affiliated with NAA, gaining With Wayne leading the effort, we expanded geographic coverage that did what we could to convince CAA’s included Contra Costa as well as Northboard that the proposed revision to ern Alameda. While we have not yet their bylaws — allocating votes by numestablished our presence in Contra Costa ber of units rather than by members to the extent we have in Alameda, 2013 — would result in marginalizing indepromises to be our year of growth in this pendent owners and would ultimately important territory. We have hired Carrie break up CAA, but we were unable to Sinai to further our member recruitment deter them. efforts in both counties.

When I became president three years With our expansion into Contra Costa ago, we knew it was time to find a new County, we needed a new name for the direction for our association. It took association. Board members proposed a year of discussion and planning to several candidate names but the obviconvince ourselves that terminating t’s a new year — a time for reflecous choice was East Bay Rental Housing our long relationship with CAA was tions, resolutions, and new direcAssociation, which clearly expressed our the right thing to do, and that we could tions. In that spirit, this is my last territory and our industry. thrive and grow on our own. We spent president’s column; the very capable One important reason for leaving that year evaluating and exploring the and well-respected Wayne Rowland has CAA was their often-misdirected and National Apartment Association, as did taken back the gavel he passed to me ineffectual lobbying. We hired the Caliseveral other CAA chapters, including three years ago. During those years, our fornia Political Consulting Group, whose San Diego and San Joaquin. association underwent much change in principle, Ron Kingston, has spent many When San Diego disaffiliated from the spirit of making us more relevant in years in Sacramento focused on landlord/ CAA at the end of 2010, we knew that our communities, at our city halls, and tenant legislation. This proved to be an it could be done. Our board voted for our members. excellent choice, as Ron has provided unanimously in favor of RHANAC’s If you’ve been reading Rental Housinsight into legislative activities and has disaffiliation effective April 1, 2011. ing magazine for a while, attending our been able to significantly affect bills that These disaffiliations became a cascade member meetings, or otherwise been impact our members. of local associations leaving CAA and following our association, you will However, EBRHA also remained joining NAA, so that now there are remember that we started talking about politically active at a local level. Our more rental property owners and manproblems in our relationship with the association strongly supported Jill Broadagers in local associations affiliated with California Apartment Association when hurst, EBRHA’s director NAA than CAA. Wayne’s Wayne was president the first time. The “Success is a team of community affairs, prediction of a CAA simple way of looking at the relationeffort and I have no during her campaign for breakup was prescient ship is that CAA became an association doubt that we have Oakland city council. and accurate. for corporate owners and large managethe team we need Although she didn’t win Looking back on my ment companies, while our association the election, we realized three years as board pres- to further grow our remained a voice for independent ownassociation and keep during the campaign ident, 2010 was the year ers, regardless of how many units they us relevant in our that Jill had excellent of planning, 2011 was owned or managed. We (the RHANAC rapidly changing organizing and politithe year of change, and board at that time) realized that we world.” cal skills and was well 2012 was the year when

Looking Back, Looking Forward

I

10 RENTAL HOUSING

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ebrha.com

Legal Excellence and Dedication to Clients Fighting for Property Owners’ Rights

480 9th Street Oakland, CA 94607 Tel: 510-625-0100 Fax: 510-550-3621 177 Post Street, Penthouse San Francisco, CA 94108 Tel: 415-421-0100 Fax: 415-762-5435

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RENTAL HOUSING 11

respected at City Hall. We hired her as our director of community affairs and advocacy shortly after the election. Jill has vastly improved our relationship with Oakland’s council, with other local trade groups, and with the community at large.

As we strived to leave a mark geographically, we also wanted to build an effective online presence. We created a new web site to better support our members and to better represent our association to the public. We eschewed fancy graphics in favor of a simple, functional look, and used open-source software that allows our staff to easily change and update information.

With the new website came a new and updated forms library. With the help of

San Diego, who shared their Californiacompliant forms with all the new NAA affiliates, we posted a library of localized forms on our new website. These are accessible to members and are constantly updated.

When we launched Rental Housing magazine a few years ago, we contracted the editorial and production of the magazine to Blackpoint Press. Blackpoint did an excellent job in creating an attractive, professional magazine but after some analysis, we realized that EBRHA could save money and produce a more relevant magazine if we handled the editorial and production in-house. We were fortunate to be able to hire Esteban Cortez, a talented writer, photographer, editor, and

UPCOMING EBRHA WORKSHOPS & CLASSES Landlord 101 D ATE & TIME THURSDAY, JANUARY 10; 2:00 P.M. - 3:30 P.M.

SPEAKER Danielle Walker, EBRHA

TOPICS • 2013 Laws, Tenant Screening, Evictions, Application

Process, Fair Housing, and more

Landlord 102 D ATE & TIME WEDNESDAY, JANUARY 23; 2:00 P.M. - 3:30 P.M.

SPEAKER Danielle Walker, EBRHA

TOPICS • Licenses and Fees, Lease Agreements, Deposits, Rent

Increases, Oakland RAP Form, Addendums, Legal Notices

Marketing Problem Tenant Occupied Units D ATE & TIME TUESDAY, JANUARY 29; 6:00 P.M. - 7:30 P.M.

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All classes and workshops are held at the EBRHA Education Center 360 22nd St., Suite 240, Oakland

production specialist, who now creates the magazine in our offices.

We have been producing successful annual trade expos for a number of years. In 2012 — thanks to the efforts of our director of advertising — Tina Bocheff, we were able to grow our vendor member base and trade expo exhibitors to the point where the expo outgrew its former venue at the Greek Church in Oakland. In 2012, we moved the Expo to the Oakland Convention Center in order to have enough space.

Finally, newly elected board members Reggie Hairston, Menna Tesfatsion, and Mila Zelkha bring their unique expertise and energy to an already excellent and involved board. Overall, the board officers remain the same with the exception of Wayne as president, while I take his position as immediate past president.

I’d like to thank the EBRHA board for its complete support and active involvement at every stage of the process that we went through over the past three years, and the EBRHA staff for their professional attitude and expertise in supporting our members while managing the details of these changes. Success is a team effort and I have no doubt that we have the team we need to further grow our association and keep us relevant in our rapidly changing world.

I will remain an active member of EBRHA and try to pass on to our new board members some of what I have learned during my 12 years as a member and 10 years on the board. You will see more of my articles in Rental Housing magazine. While this was a difficult column to write because I prefer to look forward rather than back, I like writing about issues affecting our industry.

On the personal side, I’ll have some more time to enjoy retirement with my wife Susan, continue to actively manage our East Bay and East Coast properties, and will be increasing my cycling mileage in preparation for another try at the Death Ride (deathride.com, if you are curious). RH

Cost (per class/workshop) Members: free, Non-members: $49 Registration Danielle Walker, dwalker@ebrha.com, 510.318.8300

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Bill Bagnell is past president of EBRHA’s board of directors. He owns and manages rental property in Oakland, California and Easton, Pennsylvania. He can be reached at bill@bbagnell.com or 510-504-5401.

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When to Settle an Eviction Case

EBRHA member and attorney Clifford Fried explains why settling an eviction case can often be the right choice. BY CLIFFORD FRIED

Y

our trial date is rapidly approaching and there are no signs that your tenant will voluntarily move. It looks like you might have to go through a full trial in order to obtain a judgment of possession. The outcome of trial is uncertain except for one thing: you will incur legal fees and court costs.

Must you encounter this uncertainty and incur these costs? Probably not.

Nowadays, less than 5% of all unlawful detainer cases go to trial. The ones that end up in trial have both unreasonable landlords and tenants fighting over possession. You are a reasonable person and so your case will probably settle.

The other reason that some eviction cases get tried is because there is so 14 RENTAL HOUSING

| JANUARY 2013 |

much at stake and the parties are fighting for possession of a very valuable asset: a very low rent apartment.

Based on statistics, your case will settle. Here is why: 1) Although the tenant is now demanding too much to settle, his or her position will change. Your tenant is being coached by an attorney or tenant advocate to make an outrageous demand. In general, when negotiating a move out, the parties start high or low and eventually compromise.

2) The court will pressure you to settle. If you refuse, it will punish us by making us wait days before giving us a courtroom to try the case. Or worse, we will be assigned to a horrible judge for trial.

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3) It is economically difficult to try a case. It can easily cost you more than $10K to get a case tried. Even if you win, you will not collect your fees from your tenant either because there is no fees provision in your lease or your tenant has no money. Whether you give $10K to your tenant to move or your attorney to try the case, it will take you the same amount of time to recoup your $10K plus “investment” by charging market rent on the property in the future.

4) When trying a case, there is uncertainty as to “when” you will get the property back. You can lose, and not recover possession. You can win and have to deal with post-trial motions and appeals. An appeal can delay your recovery of possession by approximately one year. On the other hand, if you settle, you know the exact date that you will get the unit back.

5) Trying a case destroys brain cells.

Even if you win and get your tenant out quickly, the trial will take a toll on you. A trial is emotionally draining. You will lose time from your professional and private life. This is valuable time that has a cost.

You will never recover this time or cost.

6) Losing a case is always a possibility.

While landlords win most of the eviction cases that go to trial, when they do lose, landlords are deeply disappointed and wished we had a time machine so that they could go back in time and settle. If you pay a tenant to move, you win. If you go to trial and lose, you lose.

The way to get a great settlement is to make sure that you have served a proper eviction notice and have served it in accordance with the law. If you are right, most tenants will give up and move out without much of an objection.

The next most important element to getting a good settlement is to be prepared to go to trial. Being prepared will allow you to negotiate the best deal possible. Golda Meir (Israeli Prime Minister) once said that you should only negotiate from a position of strength. Being confident about your case is the greatest strength you can have! You and your attorney should spend a sufficient amount of time preparing for trial.

The money you end up paying to your tenant — if that is what happens — is something that you will earn back in a relatively short period of time. The

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money will not be enough for your tenant to replace the housing he will be vacating. You won’t really be rewarding your tenant by settling. You will actually be rewarding yourself.

Don’t go to trial based on principle unless you are wealthy enough to ignore sound business judgment. Most landlords won’t allow emotion to get in the way of making a smart business decision, and neither should you.

You have lots of time to settle your case. On the day of trial, the court is likely to send you to a mediation judge for settle­ment talks. Put on our best poker face and make the best deal you can. Your attorney will be there with you to make recommendations on settlement.

But whether or not you settle — and on what terms — is your decision to make.

RH

Clifford Fried is an attorney with Fried & Williams LLP and can be reached at 510-6250100 or www.friedwilliams.com.

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THE POLITICAL EFFORTS OF EBRHA COME FROM ITS POLITICAL ACTION COMMITTE. The EBRHA-PAC is a nonprofit and nonpartisan committee, the purpose of which is to support local ballot measures and candidates that have a positive impact on the rental housing industry.

TO GET INVOLVED OR TO DONATE TO THE EBRHA-PAC, CONTACT JILL BROADHURST: JBROADHURST@EBRHA.COM OR VISIT WWW.EBRHA.COM/PAC

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FEATURE

NEW HOUSING L

A comprehensive guide on how landlords can stay compli

E

BRHA was very involved influencing the outcome of every landlord and tenant bill that the California Legislature considered this past year. The following description of bills signed into law in 2012 should assist EBRHA members in understanding the terms of the new laws, the effective date, and how to comply with the new law.

SB 1055 (Lieu): Rent and Security Deposit Payment Methods Existing law provides that a landlord or a landlord’s agent may not demand or require cash as the exclusive form of payment of rent or deposit of security, except as specified. This bill would provide that, except as specified, a landlord or landlord’s agent shall allow a tenant to pay rent and deposit of security by at least one form of payment that is neither cash nor electronic funds transfer.

How to Comply: A landlord or manager may offer, but not require, the payment of rent or the security deposit via electronic funds transfer (EFT). Special note: insufficient funds constitute a default.

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AB 1679 (Bonilla): Returning the Lawful and Remaining Security Deposit The bill permits the landlord (or manager) and the tenant to mutually agree to have the security deposit returned to the former tenant by electronic funds transfer and to have the statement that itemizes the deductions along with the copies of the documents verifying the deductions to be sent to the tenant by electronic means.

How to Comply: If a landlord or manager chooses to account for the security deposit and itemized statement transmitted to the tenant by electronic means, a written contract must be offered to the tenant extending the opportunity to the tenant of the right to contract to electronically return to the tenant the lawful and remaining security deposit and accounting statement.

A tenant may voluntarily agree to the transmittal. If the transmittal is made, documentation must be part of the tenants file.

A separate bank account should be considered for these types of transactions in order to maintain security.

Photo: Justin Brockie

LAWS FOR 2013

iant with new rental housing legislation. BY RONALD M. KINGSTON SB 1394 (Lowenthal): Smoke Detectors — Retrofit Requirements Over 20 years ago, the legislature passed a retrofit bill requiring all property owners to install one smoke alarm in single and multi-family dwellings. Now, under SB 1394, all rental property owners are required to add smoke alarms (formerly referred to as “smoke detectors) if the dwelling was built prior to 1994 or was not upgraded to include a detector in each bedroom, and to upgrade any existing, permanently inoperable devices to tamperproof alarms with a ten-year battery life.

How to Comply: Smoke detectors are to be installed in each bedroom on or before January 1, 2016. When installing the detectors before this date, the landlord or manager should: a) Determine if each rental unit has smoke detectors in each bedroom and the type of detectors (AC vs. battery powered).

Where devices exist note its existence, the manufacturer, and location of each detector in the rental unit file. For units without detectors in each bedroom, decide when compliance with the new law will be undertaken (must be before January 1, 2016), and note it in the rental unit file;

b) Install the detectors on a specified schedule and note that schedule in the file of each rental unit. In the file, also note the date the detector was installed, location in the dwelling, and the serial number; c) Note that all existing devices are operable and located in compliance with the new state law at time of the new hiring and when installing new devices; d) Note that new smoke alarms purchased must comply with the new law and shall be approved by the State Fire Marshal in order for the alarms to be sold in the state. The new devices must be tamper proof, and contain both a hush button feature and a 10-year battery life (AC powered smoke detectors and operable battery devices are not required to be replaced).

Keep in mind the following: 1) smoke alarms connected to a panel or connected to a wireless communication signal are exempt from the new law; 2) the law does not apply to installing or replacing smoke detectors in common stairwells; and 3) because certain cities have adopted more restrictive smoke detector ordinances, landlords and managers are advised to ebrha.com

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RENTAL HOUSING 19

comply with most of these laws in addition to the new requirements.

AB 2521 (Blumenfield): Abandoned Property and New Notice Requirements The bill addresses problems associated with property left behind when a tenant vacates a dwelling. Under current law and practice, when the property of a former tenant is abandoned, both landlords and tenants are burdened with additional labor and costs.

AB 2521 changes existing law in the following ways: 1) it expands notice requirements prior to lease termination, requiring written notice to all tenants explaining the process used to deal with abandoned property; 2) it allows landlords to discard all abandoned property valued at under $700 if unclaimed after 15 days provided landlords and managers comply with existing legal notice requirements, and; 3) it allows former tenants who have vacated a unit to claim property left in a dwelling within two days of vacating the unit at no cost, but only if the property physically remained in the vacated dwelling.

How To Comply: 1) Abandoned Property Notice Requirement. At the time of a 30 or 60-day notice to terminate and at the 14-day notice to inspect the property prior to when a tenant is to vacate his or her unit, the landlord or manager must include the following language in those notices as follows: “State law permits former tenants to reclaim abandoned per-

sonal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.” 2) Abandoned Property Process. For all abandoned property valued at $700 or more, a landlord must do the following (existing law is not changed): a. Itemize and describe the property in written form. b. Send notice to the tenant containing the itemized list. c. Allow 15 days for the tenant to claim the property. d. Landlords may require tenants to pay storage fees prior to releasing the property. e. If unclaimed, landlord must sell the property at a public auction. f. Prior to auctioning, the landlord must advertise the auction and describe the property to be sold in a manner reasonably adequate to permit the owner of the property to identify it. g. After deduction of the costs of storage, advertising, and sale, any balance of the proceeds of the sale, which is not claimed by the former tenant, shall be paid into the treasury of the county in which the sale took place not later than 30 days after the date of sale.

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required to follow steps A through D. If unclaimed, the landlord may keep the property for him or herself, or dispose of the property.

3. Two-Day Grace Period. Tenants may reclaim abandoned property free of storage fees if claimed within 48 hours of vacating a property only if the property remains in the dwelling.

SB 1229 (Pavley): Pet Requirements: Declawing and Debarking Existing law regulates the terms and conditions of residential tenancies and governs the obligations of tenants and landlords under a lease or tenancy.

This bill would prohibit a landlord, who allows a tenant to have an animal on the premises, from advertising or establishing rental policies in a manner that requires a tenant or a potential tenant with an animal to have that animal declawed or devocalized as a condition of occupancy.

The bill would authorize specified law enforcement prosecutorial entities to seek declaratory or injunctive relief for a violation of these prohibitions. The bill would impose a civil penalty, not to exceed $1,000, for each violation of these provisions, to be paid to the law enforcement prosecutorial entity that brings the action How to Comply: Landlords cannot advertise or require the devocalization or declawing of an animal as a condition of tenancy. As a consequence, landlords may decide to prohibit

pets from occupying rental units. If pets constitute a nuisance pursuant to contract and law, landlords will continue to have legal recourse.

SB 1191 (Simitian): Mandatory Notice to Prospective Tenants of Pending Foreclosure The bill only applies to owners of single-family and one-to-four unit rental properties who fail to give notice to prospective tenants that the owner received a notice of default (NOD) on their mortgage.

Failure to provide this notice gives the prospective tenant who becomes a tenant the right to void the lease at any time.

Should the tenant void the lease, the tenant may collect one month’s free rent or twice the actual damages, which ever is greater. A tenant who chooses not to void the lease has an absolute right to collect one month’s free rent.

How to Comply: The terms of the bill will only apply to landlords who are in default of their mortgage starting January 1, 2013.

Until January 1, 2018, every landlord who offers for rent a single-family dwelling, or a multifamily dwelling not exceeding 4 units, and who has received a notice of default that has not been rescinded with respect to a mortgage or deed of trust secured by that property, will be required to disclose the notice of default in writing to any prospective tenant prior to executing a lease agreement for the property.

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For our complete list of Industry Partners, see the Member Directory found on page 38 or the online Buyers Guide & Business Directory at www.ebrha.com/directory

East Bay Rental Housing Association 360 22nd Street, Suite 240 Oakland, CA 94612 510.893.9873 | FAX 510.893.2906 ebrha.com TEL

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RENTAL HOUSING 21

FEATURE

or management. The bill prohibits a successor owner or manager from evicting a tenant for nonpayment of rent that accrued during the period of noncompliance by a successor owner or manager with the above-described information requirements. Tenants, however, are not relieved of any liability for unpaid rent.

How to Comply: Successor owners and managers of foreclosed properties must notify existing tenants of the change in ownership and where to send rent payments within 15 days of taking over the property. Landlords and managers who follow this practice will avoid the penalties associated with the changes in the law.

New owners may not evict existing tenants for nonpayment of rent that accrued during the period of noncompliance by a successor owner or manager unless the notice of change of ownership or management has been served upon the tenant in a timely fashion per the rules above.

Tenants are still liable for the rent owed; they just can’t be evicted for not paying it during the time the landlord or manager has not served notice of a change in ownership or management companies. If a tenant continues not to pay the rent that accrued even after the new owner has given notice, it is likely that the new owner will have to sue to collect it.

MOST EVERY LANDLORD AND TENANT BILL WILL NOT FAVOR LANDLORDS. BECAUSE OF THAT, OUR INDUSTRY MUST ACT AS A COHESIVE AND UNIFIED GROUP TO BE SUCCESSFUL. AB 2610 (Skinner): Tenant Protections PostForeclosure The bill, part of the Attorney General’s “Homeowner Bill of Rights” extends current tenant protections established under federal law until December 2019. Protections include the requirement that successors in interest to foreclosed properties honor existing leases until the end of the lease term. For monthto-month tenancies, periodic tenancies, and owner move-in’s, successor owners must give the tenant 90 days to move out.

(Result: Bill amended; signed into law. Effective: March 1, 2013.)

How to Comply: Successor owners of foreclosed properties must follow the rules as stated above. The law is not significantly different than current law.

SB 825 (Corbett): Post Foreclosure Notice to Quit Existing law, until January 1, 2013, requires that any notice to quit regarding a rental unit served within one year after a foreclosure sale include a separate cover sheet that contains an additional notice to renters. Existing law sets forth the content of this notice, which provides the tenant with specified information regarding tenants’ rights. Existing law provides that, under certain circumstances, the cover sheet need not be served, as specified. The bill would extend the operation of these provisions until December 31, 2019.

How to Comply: Any notice to quit that is served within one-year of a foreclosure sale must include a notice to the tenants advising them of specified rights and responsibilities of the new owner (tenants in non rent controlled communities have a 90-day to quit in lieu of a 30 or 60-day notice to quit, and fixed-term leases must be honored by the new landlord).

AB 1953 (Ammiano): Post-Foreclosure Notice of New Ownership Must be Made Promptly Current law requires successor owners and managers of rental property to notify current tenants of the name, telephone number and address of the person or entity to which rental payments shall be made within 15 days of change in ownership 22 RENTAL HOUSING

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AB 1865 (Alejo): Unlawful Detainer Notice to Include Additional Lawyer Referral Services Existing law requires the clerk to mail a specified notice upon the filing of an unlawful detainer action to each defendant named in the action and requires the notice to contain the name and telephone number of the county bar association as well as other legal services organizations that provide service to low-income persons. This bill would require that the notice described above contain, as an alternative to the county bar association, the name and telephone number of any lawyer referral service certified by the State Bar Association and maintains a panel of attorneys qualified to practice landlord-tenant law.

How to Comply: As signed into law, the bill does not require action on the part of a rental property owner or landlord. The court is to revise its UD notice at the request of any entity that demonstrates to the court that the State Bar has certified it as a lawyer referral service.

AB 1925 (Ma): Compensation for Temporarily Displaced Tenants; Rent Control Existing state law does not limit or define temporary relocation assistance payments to tenants in rent-controlled communities. This bill would limit, notwithstanding any local law to the

contrary, for those units governed by the local rent stabilization ordinance in the City and County of San Francisco, levels of compensation for the temporary displacement of a tenant household for less than 20 days to temporary housing and living expenses, of $275 per day per tenant household, and actual moving expenses, as specified.

AB 2114 (Smyth): Swimming Pool Safety Act Changes Current law generally requires, whenever a building permit is issued for the construction of a new swimming pool or spa, the pool or spa to be equipped with specified safety features, including that the swimming pool or spa have at least two circulation drains per pump that are hydraulically balanced, and symmetrically plumbed through one or more “T” fittings, and that are separated by a distance of at least 3 feet in any dimension between the drains. The law also requires a public wading pool to have at least two circulation drains per pump, as specified, that are separated by a distance of at least 3 feet in any dimension between the drains. This bill would instead, require a swimming pool, spa, or public wading pool that is subject to the above safety provisions to have at least two circulation suction outlets, as defined, per pump, and be separated by a distance of at least 3 feet in any dimension between the suction outlets, or be designed to use alternatives to suction outlets, including, but not limited to, skimmers or perimeter overflow systems to conduct water to the recirculation pump. The bill would also

require the circulation system to have the capacity to provide a complete turnover of pool water, as specified.

How to Comply: All residential and commercial swimming pools, spas, and wading pools are required to be retrofitted with new circulation equipment. Landlords and managers should contact professionals in the swimming pool industry as soon as possible and request a compliance assessment. Competitive bidding will help determine the best course to follow. Retain all bids and in particular, recommendations for compliance. Bottom line: hire a swimming pool professional for assessment and recommendation, retain all of the recommendations, require the assessment to be in writing, and then retrofit the pool, spa or wading pool.

AB 2314 (Carter): Maintenance of Vacant Foreclosed Residential Property Existing state law requires — until January 1, 2013 — owners to maintain vacant residential property purchased or acquired at a foreclosure sale. The same law authorizes a governmental entity to impose civil fines and penalties for failure to maintain that property of up to $1,000 per day for a violation subject to that local government giving notice of the claimed violation and providing the owner an opportunity to correct the violation at least 14 days prior to imposing the fine and penalty. Owners may request a hearing if they want to contest the validity of the fines and penalties. This bill would delete the “sunset clause”

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AB 2314 targets lenders who foreclose on property.

SB 1186 (Steinberg): New Disability Access (ADA) Regulations The following constitutes the most important aspects of SB 1186: 1) Prohibits attorneys from the pre-litigation tactic of demanding money or discussing potential liability amounts.

2) Requires pre-litigation “demand letters” to state facts sufficient to allow a reasonable person to identify the basis of the claim, and to contain the attorney’s bar number.

3) Requires attorneys to submit copies of any demand letters they lodge against a defendant to the State Bar and to the California Commission on Disability Access (Commission).

4) Complaints must state sufficient facts, and must be verified by the plaintiff. A copy of the complaint must also be sent to the Commission.

5) Provides for attorney discipline for violating any of the above.

6) Expands list of those defendants who may request a stay of (legal) proceedings and early evaluation to, among others, those that fit the definition of “small business” (defined as having 25 or fewer employees and no more than $3.5 million in gross receipts).

7) Allows either party to request a “mandatory evaluation” conducted by the court to assist in resolving the case at an early 26 RENTAL HOUSING

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(CASp).

12) Imposes, on and after January 1, 2013, and until December 31, 2018, an additional state fee of $1 on any applicant for a local business license or renewal thereof, for educating the business community concerning ADA compliance.

How to Comply: For a full analysis see CalPCG’s article entitled “New California Disability Access Law Signed: SB 1186.”

In short, Landlords and commercial tenants are advised to do the following with respect to the new disability access laws: a) have an ADA assessment performed by a CASp inspector; b) working with a CASp or knowledgeable and qualified professional, determine where improvements must be made and then develop a schedule of improvements; c) if you hire a contractor to make modifications or changes to your building or property to comply with ADA laws, only retain contractors that can demonstrate having expertise in ADA laws; d) for all future lease agreements, make sure you comply with the new disclosure requirements; e) review all existing lease agreements with counsel to determine compliance with federal and state ADA access laws; f) maintain records of all ADA related assessments, evaluations and work performed, including tenant actions and modifications; and g) immediately retain qualified counsel if any legal action is initiated against you or one of your tenant(s).

AB 1964 (Yamada): Employment Discrimination Under existing employment discrimination law, discrimination is prohibited on the basis of race, religious creed, color, national origin, ancestry, physical and mental disability, medical condition, marital status, sex, age or sexual orientation. The law provides that “religious creed,” religion, “religious observance,” “religious belief,” and “creed” include all aspects of religious belief, observance and practice.

This bill ADDS an individual’s religious dress practice and religious grooming practice to the list of religious considerations on which a person may not be discriminated against in employment. This includes wearing or carrying religious clothing, head

PHOTO: RICHARD ELZEY

of January 1, 2013 and make these provisions in law operate indefinitely.

How to Comply: The law primarily targets lenders who foreclose on property. However, there are thousands of examples of new owners failing to maintain property purchased in foreclosure. Owners should be aware of local government policies, practices and requirements relating to maintaining property, particularly foreclosed property. Owners should also develop and then execute a plan to maintain the property. All plans and maintenance practices should be documented. Lack of knowledge regarding this law does not constitute a defense in court and does not mitigate a civil fine or penalty.

stage.

8) Allows the court, in assessing liability in any action alleging multiple claims for the same construction-related accessibility violation on different particular occasions, to consider the reasonableness of the plaintiff’s conduct in light of the plaintiff’s obligation, if any, to mitigate damages.

9) Reduces a defendant’s minimum liability for statutory damages from $4,000 to as low as $1,000 if a violation is quickly remedied after being served a complaint and the defendant had previously hired a CASp inspector and attempted to meet applicable compliance standards.

10) The bill similarly reduces the minimum damage liability to $2,000 for any “small business” owner who corrects the alleged construction related accessibility violation within 30 days of being sued.

11) Requires a commercial property owner to state on a lease form or rental agreement executed on or after July 1, 2013, if the property being leased or rented has undergone inspection by a certified access specialist

UPCOMING EBRHA MEETINGS & EVENTS

or face coverings, jewelry, and other forms of an individual’s religious creed.

Additionally, the bill changes the term “mental retardation” to “intellectual disability.”

How to Comply: Employers should review employment standards and practices to comport with the employment discrimination law relating to religious dress and grooming practices. Further, any reference of “mental retardation” must be replaced by the term “intellectual disability.”

AB 1928 (Cook): Locating Foster Homes: Capacity As introduced, the bill would have permitted foster day care homes and small day care homes of six or fewer, to exclude biological and adoptive children, children in guardianship who reside in the home from the capacity limits.

How to Comply: Landlords and managers that rent to foster day care homes and small day care homes will not have to accept an additional number of occupants as originally proposed. The new law clarifies that a specialized foster care home may exceed the two child limit and accept a third child if that child does not have special needs. Thus, landlords and managers who rent to specialized foster care homes should revise contracts accordingly.

Reflecting on 2012 Legislation Every landlord and tenant bill that was sent to the Governor for his signature was signed into law. Governor Brown signed 876 bills in 2012, and is credited with vetoing the lowest number of bills among all Governors since 1967. He has also signed the most bills of any California Governor (12,744).

There were over 90 landlord and tenant bills that were introduced in 2012.

Less than 20% of the 90 bills were sent to the Governor for action.

EBRHA Office Closed

DATE

TUESDAY, JANUARY 1

Women’s Auxiliary Luncheon

DATE TUESDAY, JANUARY 15

TIME 11:45 A.M. LOCATION SCOTT’S SEAFOOD RESTAURANT JACK LONDON SQUARE (2 BROADWAY, OAKLAND)

INFO CALL ANNA ALBERTI FOR MORE INFO @ 510-562-117

General Membership Meeting

DATE

TIME LOCATION

TOPICS

SATURDAY, JANUARY 19 10:00 A.M. - NOON EBRHA EDUCATION CENTER 360 22 ND ST., SUITE 240, OAKLAND PARKING PROVIDED

• Legal Q & A, Steve Williams, Fried & Williams LLP

• Wrongful Evictions Under Measure EE, Steve Williams, Fried & Williams LLP

EBRHA Office Closed

DATE

MONDAY, JANUARY 21

What Can We Expect in 2013?

More bills will be introduced than ever in 2013. Many bill ideas will be “recycled” from previous years. Most every landlord and tenant bill will not favor landlords.

Because of that, our industry must act as a cohesive and unified group to be successful. RH ebrha.com

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RENTAL HOUSING 27

COLUMN

tips from the pros

of the hazard if the blower door is not properly installed each time after changing the furnace filter. Make sure they fully understand why this can be a matter of life or death.

Installing the blower door panel correctly is extremely important because if it is not installed correctly, carbon monoxide poisoning can occur. Newer forced air units have a special safety kill switch built into the furnace, so if the door panel is installed incorrectly the furnace will not operate. That is not the case on older furnace models, which do not have the safety kill switch and can operate with the blower door panel installed incorrectly or When landlords take a few extra steps to ensure not installed at all. Beware, there are still safety from carbon monoxide, they can save a life. a lot of older forced air units out there in

BY RANDY LINDENBERG apartments and homes.

During my 35-year career at Southern he Mayans prediction of the California Gas Company, one carbon to keep an accurate log of when you world ending on December 21, monoxide incident stands out above the change the batteries.

2012 has gone the way of the rest. I was working the emergency shift Y2K scare in 1999. So, we continue on on Christmas Day when I got a service Have All Natural Gas Appliances with business as usual. The following is call about an 11-year-old girl going into Inspected and Serviced a partial check list of things that should convulsions and the whole family was sick Southern California Gas Company, have been done by all landlords as of with flu like symptoms. When the parents SDG&E and PG&E offer this service January 1, 2013. If you have not had answered the door they seemed woozy. for free to all of their customers. The a chance to do these things, now is the Upon entering the house, my carbon cost is built into your gas bill. All gas time to make them a priority. Your tenmonoxide tester alarm went off with a appliances are capable of putting out ant’s safety depends on you. reading of 800 PPM (parts per million) carbon monoxide gas if not adjusted CO inside the house. (An 800 PPM level on an annual basis. That is why it Install Carbon Monoxide (CO) of Carbon Monoxide will affect a human is so important that all of the gas Detectors Where Necessary by causing dizziness, nausea and convulappliances — inside and outside — are The Carbon Monoxide Poisoning Protec- serviced every year. Also, make sure all sions within 45 minutes. After 1-2 hours, tion Act of 2010 went into full effect on it will cause unconsciousness, and death necessary repairs are made promptly January 1, 2013 state-wide. It should be within 2-3 hours.) Immediately, I got to keep the gas equipment operating noted that a Carbon Monoxide (CO) everyone outside into fresh air and called safely. Remember to call the gas utility detector is only a safety back-up between company to recheck the equipment after 911 for paramedics. It turns out the whole annual appliance inspections. Installing family had carbon monoxide poisoning. repairs are made. There is no charge to a CO detector does not replace the need The paramedics put them on pure oxygen have the utility service technician come for annual safety inspections and service. out and verify the repairs have been done and transported them to the hospital for Carbon Monoxide has the potential further emergency treatment. What the correctly. to be deadly very quickly without any family thought was simply the flu was far warning! deadlier. Carbon Monoxide (CO) poiChange the Forced Air Furnace soning symptoms mimics the flu. It was Filter Each Winter Before Use Change the Batteries in Existing a Christmas the family will remember Filters should also be changed before Detectors forever. Thankfully, they all survived and the A/C is used during the summer.

Batteries are cheap when compared lived to tell about the incident.

Change the filter more often in a dusty to the cost of a potential law suit if Now, the facts about what happened environment. The new filter helps keep someone is injured and the batteries and why it happened. the inside air cleaner and The landlord didn’t are found to be weak or dead. The The family was renting also protects the A/C coil know how to install batteries can still be used in other devices and ducting system from the house and on Christthe blower door corwhere lives do not depend on them. It mas Eve, the landlord excessive dust build-up. rectly and his inexpe- came by and installed is recommended to change the batteries Make sure your rience almost cost a twice a year at the same time you change maintenance staff is well a new furnace filter. the batteries in the smoke detectors and family their lives.

After changing the filter, trained and made aware

Carbon Monoxide Doesn’t Rest T

28 RENTAL HOUSING

| JANUARY 2013 |

ebrha.com

the landlord reinstalled the blower door incorrectly and it didn’t have an air tight seal. Later that night, the customer turned on the furnace and the burner lit properly.

However, when the blower came on, it caused a change in the flame characteristics resulting in incomplete combustion.

The flame began putting off deadly carbon monoxide gas, which was being drawn out of the furnace firebox and the downdraft diverter and inter-mixing with the circulating air flow back into the house.

When a blower door is installed correctly with an air tight seal, the burner comes on, the flame burns clean and the products of combustion vent safely out to the atmosphere through the furnace vent system. In this instance, the problem was easily solved by reinstalling the blower panel correctly and the furnace worked safely after that.

Unfortunately, the furnace didn’t have a blower door safety kill switch, which allowed this incident to happen. This is the type of incident that caused the furnace manufacturers to put the safety kill switches on furnace blower door panels.

The landlord didn’t know how to install the blower door correctly and his inexperience almost cost a family their lives.

Lastly, be sure to reduce your liability now by having the natural gas experts at Southern California Gas Company, SDG&E or PG&E inspect and service all of the natural gas appliances inside and outside of your apartments or homes annually. Their service technicians only work on natural gas appliances and they have carbon monoxide testing equipment to check your apartment or home if you suspect the presence of carbon monoxide or if your CO detector alarm sounds off.

They also have gas leak detectors if you suspect a gas leak. The gas utility companies have service technicians on call 24 hours a day, 365 days a year — even on Christmas day, because gas problems don’t take holidays off.

For more in-depth information about carbon monoxide (CO) poisoning, the effects and how to protect yourself, visit our website: www.naturalgasconsultingllc. com. RH Randy Lindenberg is president of Natural Gas Consulting LLC in Southern California. He can be contacted at 714-974-4291. ebrha.com

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RENTAL HOUSING 29

COLUMN

esq. & a

A Messy Situation

Because of the complexity of the issue, a landlord should always consult with an attorney before dealing with a hoarding tenant. BY VARIOUS AUTHORS

with the rental agreement and the law.

If a tenant refuses to clean up his or her unit, then the landlord may have grounds to take legal action against the tenant, including eviction. Depending on the severity and circumstances, under Oakland’s Just Cause for Eviction Ordinance, a hoarding tenant may be evicted for creating a nuisance, causing substantial damage, and/or violating material terms of the tenancy. Excessive clutter may result in a right to evict based on one or more of these just cause grounds.

Landlords should be mindful of the fact that hoarding is likely indicative of a disability, and the law requires a landlord to make reasonable accommodations when necessary to allow a disabled tenant an equal opportunity to enjoy a rental unit. An example of an accommodation for a hoarding tenant that might be reasonable is giving the tenant ample time to remove the clutter. A reasonable accommodation must be given at any time requested — before the eviction process and even during the eviction process.

Because of the complexities of local eviction laws and disability laws, a landlord should consult with an attorney to ensure proper handling of issues concerning a hoarding tenant. —STEVE WILLIAMS My tenant is moving out and refuses to give me back the key to his unit until I refund his deposit.

Can he do that? How should I handle the situation?

A Q

I went into my tenant’s unit to do a routine inspection and I found heavy amounts of garbage throughout the unit. I suspect she might be a hoarder. How do I approach this issue?

A

There are many serious issues that may arise as a result of tenant hoarding, such as rodents, odors, and property damage. These issues don’t just impact the hoarding tenant — they may also impact other tenants in the building, neighbors, visitors, and the landlord. Therefore, they must be promptly addressed.

30 RENTAL HOUSING

| JANUARY 2013 |

A tenant is not free to maintain a rental unit in an excessively cluttered and unclean manner. In fact, most rental agreements contain provisions requiring tenants to keep the unit in a clean and undamaged condition. Even if there is no such provision or rental agreement, the law imposes tenant obligations that require the tenant to maintain a clean unit, remove garbage, properly use appliances and fixtures, and refrain from damaging the property.

So when faced with a hoarding tenant, the landlord should approach the tenant and require that the tenant remove the clutter and clean the unit in accordance

ebrha.com

California Civil Code Section 1950.5 governs security deposits.

“Security” means any payment, fee, deposit or charge including, but not limited to any payment that is imposed at the beginning of the tenancy to be used to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent, used or to be used for any purpose, including but not limited to: (1) compensation for a tenant’s default in the payment of rent; (2) the repair of damages in excess of normal wear and tear caused by the tenant or by a guest or licensee of the tenant; (3) the cleaning of the premises upon termination of the tenancy necessary to return the unit to the same level of cleanliness it was at

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RENTAL HOUSING 31

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WANT TO SAVE MONEY? If you are not using our Industry Partners to: • Make property improvements • Guide you through challenging landlord/tenant issues • Increase the return on your investment • Purchase or sell properties You are paying too much!

EBRHA has nearly 150 vendor members in over 40 classifications—ready and willing to give you deep discounts on the products and services you need. Simply go to the Rental Housing magazine directory (pages 38-41) or online at www.ebrha.com/directory In addition to the standard EBRHA member discount you can expect year-round, our Industry Partners are now offering special monthly discounts. Go to www.ebrha.com/discounts to see thousands of dollars in savings from:

the inception of the tenancy; or (4) to remedy future defaults by the tenant, if authorized by the rental agreement.

Typically, a landlord has 21 calendar days to return the security deposit in addition to the itemized deposition with attached receipts. When a tenant vacates without returning keys, the owner may re-key the rental unit and deduct the cost as a repair from the security deposit. The best practice is to complete the final walk through before returning any portion of the deposit to the tenant.

The tenant is not justified in withholding keys until their deposit has been returned. —MICHAEL SHEPHERD The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Steve Williams is an attorney with Fried & Williams LLP and can be reached at 510-625-0100 or www.friedwilliams.com. Michael Shepherd is an attorney with The Shepherd Law Group and can be reached at 510-531-0129 or www. theshepherdlawgroup.com.

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www.appliedwaterproofing.com

JANUARY 2013

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RENTAL HOUSING 33

COLUMN

the green sheet

Green Building Outlook Strong Despite Soft Economy continues to accelerate, according to McGraw-Hill Construction’s 2013 Dodge Construction Green Outlook report. The value of green building has seen growth from $10 billion in 2005 to $78 billion in 2011. In 2012, the total market — non-residential and residential — is expected to be worth $85 billion, and by 2013, overall new green building is projected to rise to between $98 billion and $106 billion. By 2016, this number is expected to reach $204 billion to $248 billion.

According to the report, Green building remains a bright THE U.S. GREEN BUILDING MARKET

spot in a still uncertain economy.

Green is expected to represent 44% of all commercial and institutional construction in 2012, growing up to 55% by 2016. Residential green construction is also on the rise. It is expected that by the end of 2012, green homes will comprise 20% of the market, and in 2013 a 22-25% share by value is expected, equating to a $34-$38 billion opportunity. By 2016, this share by value is expected to increase to 2938% — an estimated $89-$116 billion — based on the current single-family residential construction forecast.

To break it down further, while education construction is down, green has remained a stronghold at 45%, continuing to be the largest opportunity for green building. The office market has the largest share of green with 54% in 2012, a bright spot considering the overall expected growth of the sector in the near term.

“We’re seeing tremendous growth in green building, providing a bright light in an otherwise uncertain economy,” said Harvey M. Bernstein, vice president of Industry Insights and Alliances for McGraw-Hill Construc34 RENTAL HOUSING

| JANUARY 2013 |

tion. “Not only does this mean a strong outlook for green building, but also the benefits that go along with that: more jobs, greater financial benefits from green and high performance buildings, stronger competitive positioning for those firms that build green, and healthier work and learning environments for our population.”

A green building is defined as one built to LEED or an equivalent standard, or one that is energy and water efficient that also addresses improved indoor environmental quality and/or resource efficiency.

Other key points found in the study include that one third of all home builders in the U.S. expect to be fully dedicated to building green by 2016.

Also, 81% of executive leaders in corporate America believe the public expects them to engage in sustainability — one of the key forces driving corporations to institutionalize some green efforts.

Thirty percent (30%) of senior executive officers report that they are greening two-thirds of the buildings in their portfolio, with 47 percent expecting to do so by 2015. RH

ebrha.com

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City of Alameda 510.749.5840 Albany 510.528.5766 Berkeley 1 - 9 UNITS 510.527.5555 10+ UNITS 510.981.7270 www.ci.berkeley.ca.us/pw/swm.html Emeryville 510.613.8710 Oakland 510.238.SAVE (7283) www.oaklandrecycles.com Household Hazardous Waste 800.606.6606 www.household-hazwaste.org REBATE PROGRAMS

EBMUD 866.403.2683 | www.ebmud.com PG&E 800.933.9555 | www.pge.com/res/rebates LOCAL GREEN ORGANIZATIONS

B.A. Green Business Program 510.567.6770 | www.greenbiz.ca.gov Build It Green 510.845.0472 | www.builditgreen.org Recology 415.875.1000 | www.recology.com StopWaste.Org 877.786.7927 FREE WEATHERIZATION PROGRAMS

Rising Sun Energy 510.665.1501 x17 Spectrum Community Services 510.889.0921 BO - Enterprises 408.354.1900

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RENTAL HOUSING 35

community calendar EVENTS & CLASSES

january S

february

M

T

W

T

F

S

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 No Political Affairs Meeting or Social Mixer in January.

S

M

T

W

T

F

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TUESDAY, FEBRUARY 5

Landlord 101

TUESDAY, JANUARY 1

Members: Free; Non-Members: $49

EBRHA Office Closed THURSDAY, JANUARY 10

6:00 p.m. – 7:00 p.m.

Landlord 101

TUESDAY, FEBRUARY 5

Members: Free; Non-Members: $49

Political Affairs Meeting

2:00 p.m. – 3:30 p.m.

TUESDAY, FEBRUARY 12

THURSDAY, JANUARY 10

Landlord 102

Oakland Rent Board Meeting

Members: Free; Non-Members: $49

Oakland City Hall, Hearing Room 1

6:00 p.m. – 7:00 p.m.

1 Frank H. Ogawa Plaza, Oakland

THURSDAY, FEBRUARY 14

7:00 p.m.

Oakland Rent Board Meeting

SATURDAY, JANUARY 19

EBRHA General Membership Meeting 10:00 a.m. - Noon Topics: • Legal Q & A: Steve Williams, Fried & Williams LLP

• Wrongful Evictions Under Measure EE: Steve Williams, Fried & Williams LLP

Oakland City Hall, Hearing Room 1 1 Frank H. Ogawa Plaza, Oakland 7:00 p.m.

MONDAY, FEBRUARY 18

EBRHA Office Closed SATURDAY, FEBRUARY 23

MONDAY, JANUARY 21

Members: Free; Non-Members: $49

EBRHA General Membership Meeting 10:00 a.m. - Noon Topics: • Legal Q & A: TBD

• New Housing Laws for 2013: Danielle Walker, EBRHA

2:00 p.m. – 3:30 p.m.

WEDNESDAY, FEBRUARY 27

THURSDAY, JANUARY 24

Non-payment of Rent Evictions: Daniel Bornstein,

EBRHA Office Closed WEDNESDAY, JANUARY 23

Landlord 102

Bornstein & Bornstein

Oakland Rent Board Meeting Oakland City Hall, Hearing Room 1

Members: Free; Non-Members: $49

1 Frank H. Ogawa Plaza, Oakland

6:00 p.m. – 7:30 p.m.

7:00 p.m.

THURSDAY, FEBRUARY 28

TUESDAY, JANUARY 29

Oakland Rent Board Meeting

Marketing Problem Tenant Occupied Units: Daniel Bornstein,

Oakland City Hall, Hearing Room 1

Bornstein & Bornstein

1 Frank H. Ogawa Plaza, Oakland

Members: Free; Non-Members: $49

7:00 p.m.

6:00 p.m. – 7:30 p.m.

Unless otherwise noted, all classes and events are held at the EBRHA Education Center, 360 22nd St., Suite 240, Oakland 36 RENTAL HOUSING

| JANUARY 2013 |

ebrha.com

S

Oakland 2012-13 (3.0%) ANNUAL ALLOWABLE RENT INCREASE

A CPI increase of 3% became

PER I O D

effective on July 1, 2012. Tenants may

JULY 1 ‘12 - JUNE 30 ‘13 . . . . . . . . . 3.0

JAN. 1 ‘02 - JUN. 30 ‘02 . . . . . . . . . . . . 3

only receive one increase in any

JULY 1 ‘11 - JUNE 30 ‘12 . . . . . . . . . 2.0

JAN. 1 ‘01 - DEC. 31 ‘01 . . . . . . . . . . . . 3

12-month period, and the rent increase

JULY 1 ‘10 - JUNE 30 ‘11 . . . . . . . . . 2.7

JAN. 1 ‘00 - DEC. 31 ‘00 . . . . . . . . . . . . 3

JULY 1 ‘09 - JUNE 30 ‘10 . . . . . . . . . 0.7

JAN. 1 ‘99 - DEC. 31 ‘99 . . . . . . . . . . . . 3

California law requires that for tenancies

JULY 1 ‘08 - JUNE 30 ‘09 . . . . . . . . . 3.2

JAN. 1 ‘98 - DEC. 31 ‘98 . . . . . . . . . . . . 3

receiving greater than a 10% increase,

JULY 1 ‘07 - JUNE 30 ‘08 . . . . . . . . . 3.3

JAN. 1 ‘97 - DEC. 31 ‘97 . . . . . . . . . . . . 3

a 60-day notice is required; if the

MAY 1 ‘06 - JUNE 30 ‘07. . . . . . . . . . 3.3

JAN. 1 ‘96 - DEC. 31 ‘96 . . . . . . . . . . . . 3

increase is 10% or less, a 30-day

MAY 1 ‘05 - APRIL 30 ‘06 . . . . . . . . . 1.9

MAR. 1 ‘95 - DEC. 31 ‘95 . . . . . . . . . . . 3

JUNE 1 ‘04 - APRIL 30 ‘05. . . . . . . . . 0.7

JAN. 1 ‘95 - FEB. 28 ‘95. . . . . . . . . . . . . 6

to three times the current annual

JUNE 1 ‘03 - MAY 31 ‘04. . . . . . . . . . 3.6

JAN. 1 ‘94 - DEC. 31 ‘94 . . . . . . . . . . . . 6

allowable rent increase rate.

JULY 1 ‘02 - MAY 31 ‘03. . . . . . . . . . 0.6

cannot take effect earlier than the tenant’s anniversary date. In addition,

notice is required. Owners can only impose “banked” rent increases equal

A MOUN T ( %)

PERI OD

AM O U N T ( % )

FOR FURTHER INFORMATION CONTACT:

Oakland Rent Board | 250 Frank H. Ogawa Plaza | Suite 5313 | Oakland, CA | 94612 510.238.3721 | www.oaklandnet.com

Berkeley 2013 (1.7%) ANNUAL ALLOWABLE RENT INCREASE

P E R IOD A MO UNT

PER I O D A MOUN T

PERI OD AM O U N T

2013. . . . . . . . . . . . . . . . . . . . . . . . 1.7%

2001* $10

1990. . . . . . . . . . . . . . . . . . . . . . . . . $16

2012. . . . . . . . . . . . . . . . . . . . . . . . 1.6%

2000. . . . . . . . . . . . . . . . . . . . . . . . . . $6

1989*. . . . . . . . . . . . . . . . . . . . . . . . 3%

1999. . . . . . . . . . . . 1% (NOT TO EXCEED $8)

1988. . . . . . . . . . . . . . . . . . . . . . . . . $25

1998. . . . . . . . . . . . . . . . . . . . . . . . 0.8%

1987. . . . . . . . . . . . . . . . . . . . . . . . 3.5%

2008. . . . . . . . . . . . . . . . . . . . . . . . 2.2%

1997. . . . . . . . . . . . . . . . . . . . . . . 1.15%

1986. . . . . . . . . . . . . . . . . . 3%, + $2.50

2007. . . . . . . . . . . . . . . . . . . . . . . . 2.6%

1996. . . . . . . . . . . . . . . . . . . . . . . . . 1%

1985. . . . . . . . . . . . . . . . . . . . . . . . . 2%

2006. . . . . . . . . . . . . . . . . . . . . . . . 0.7%

1995. . . . . . . . . . . . . . . . . . . . . . . . 1.5%

1984. . . . . . . . . . . . . . . . . . . . . . . . . 0%

2005. . . . . . . . . . . . . . . . . . . . . . . . 0.9%

1994. . . . . . . . . . . . . . . . . . . . . . . . . $18

1983*. . . . . . . . . . . . . . . . . . . . . . 4.75%

2004. . . . . . . . . . . . . . . . . . . 1.5%, + $3

1993. . . . . . . . . . . . . . . . . . . . . . . . . $20

1981*. . . . . . . . . . . . . . . . . . . . . . . . 5%

1992. . . . . . . . . . . . . . . . . . . . . . . . . $26

*ADDITIONAL ADJUSTMENTS ARE ALLOWED IF AN OWNER PAID FOR ELECTRICITY OR HEAT.

2011. . . . . . . . . . . . . . . . . . . . . . . . 0.7% 2010. . . . . . . . . . . . . . . . . . . . . . . . 0.1% 2009. . . . . . . . . . . . . . . . . . . . . . . . 2.7%

(1% + $3 IF TENANCY CREATED AFTER JAN. 1999)

2003. . . . . . . . . . . . . . . . . . . . . . . . . 0% 2002*. . . . . . . . . 3.5% (NOT TO EXCEED $30)

1991. . . . 4% OR $17 (WHICHEVER IS HIGHER)

Beginning in 1998, adjustments are not allowed for the year following a tenant’s initial occupancy. To obtain the maximum amount for a specific address, please use the “Rent Ceiling Database” calculator on Berkeley’s Rent Board website.

FOR FURTHER INFORMATION CONTACT:

Berkeley Rent Board | 2125

Milvia Street | Berkeley, CA | 94704 510.981.7368 | www.ci.berkeley.ca.us/rent

ebrha.com

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RENTAL HOUSING 37

member directory

CONTACTS, PRODUCTS & SERVICES 1031 EXCHANGE INTERMEDIARIES

Chicago Deferred Exchange Co. Teresa Moss Fluegel 877-448-1031 www.cdec1031.com ABATEMENT SERVICES

ACCOUNTING SERVICES

Mowat, Mackie & Anderson LLP Jason Clark 510-893-1120 www.mowat.com APPLIANCE SALES & PARTS

Appliance Parts Distributor Mike De Fazio 510-357-8200 www.apdappliance.com Appliance Warehouse of America Mark Sutter 510-921-1071 www.appliancewhse.com Ferguson Enterprises, Inc. Jimmy Theoc 510-512-2064 www.ferguson.com R & B Wholesale Distributors, Inc. Chris Burggraf 510-782-7200 www.rbdist.com Sincere Home Decor Keith Chan 510-832-2838, x108 www.sincerehomedecor.com APPRAISERS

Access Appraisal: Apartment Specialists Joe Spallone 510-601-1466 www.accessappraisal.com Mark Watts Commercial Appraiser Mark A. Watts 415-990-0025 www.markwattscommercialappraisal.com InsideOut Design Pennell Phillips 510-655-1198 www.aboutinsideout.com ASPHALT/CONCRETE

American Asphalt & Concrete Joe McSweeney 510-723-0280, x28 www.americanasphalt.com ASSOCIATIONS

BOMA Oakland/East Bay Roberto O. Robledo 510-893-8780 www.bomaoeb.org Oakland Association of Realtors Cameron Platt 510-836-3000 www.oar.org Oakland Builders Alliance Beverly Rivas 510-735-8849, x101 www.oaklandbuilders.net 38 RENTAL HOUSING

| JANUARY 2013 |

Tubman Law Group Amy Kelley 510-379-8839, x700 www.tubmanlawgroup.com

ATTORNEYS - EVICTIONS

Ken Betts Towing Services Ayub Azam 510-532-5000 www.kenbettscompany.com

Bornstein & Bornstein Daniel Bornstein 510-836-0110, x1007 www.bornsteinandbornstein.com Fried & Williams LLP Clifford Fried 510-625-0100 www.friedwilliams.com Law Offices of Elaine Lee Elaine Lee 510-848-9528 eleeattorney@aol.com Law Offices of Jonathan Quint Jonathan Quint 510-595-9130 www.jonathanquint.com Law Offices of Marc L. TerBeek Susy Meyer 510-689-0140 www.terbeeklaw.com The Evictors Ed Nagy 510-839-2074 The Shepherd Law Group Michael Shepherd 510-531-0129 www.theshepherdlawgroup.com Tubman Law Group Amy Kelley 510-379-8839, x700 www.tubmanlawgroup.com

P.W. Stephens Environmental Kimberly MacFarlane 510-651-9506 www.pwsei.com

ARCHITECTURE

Oakland Metropolitan Chamber of Commerce Joseph Haraburda 510-874-4808 www.oaklandchamber.com

ATTORNEYS - LAND USE/CONDO CONVERSION

Law Offices of John Gutierrez John Gutierrez 510-647-0600, x2 www.jgutierrezlaw.com Law Offices of Ann Rankin Ann Rankin 510-653-8886 www.annrankin.com Law Offices of Marc L. TerBeek Susy Meyer 510-689-0140 www.terbeeklaw.com ATTORNEYS - REAL ESTATE/ CORPORATION

Burnham & Brown Jack Schwartz 510-444-6800 www.burnhambrown.com Law Offices of John Gutierrez John Gutierrez 510-647-0600, x2 www.jgutierrezlaw.com Law Offices of Jonathan Quint Jonathan Quint 510-595-9130 www.jonathanquint.com Law Offices of Marc L. TerBeek Susy Meyer 510-689-0140 www.terbeeklaw.com ebrha.com

AUTOMOTIVE

BANKING/LENDING

Chase Commercial Josh Milnes 510-891-4545 josh.milnes@chase.com Chase Commercial Ted Levenson 415-945-5430 ted.levenson@chase.com Cooperative Center Federal Credit Union Byron Phillips 510-647-2131 bphillips@coopfcu.org Intervest Mortgage Marc Lipsett 510-622-8515 www.intervest-mortgage.com Luther Burbank Savings Larry Miller 925-627-2790 www.lutherburbanksavings.com Torrey Pines Bank Jeff Becker 510-899-7569 www.torreypinesbank.com BATHROOM & KITCHEN REMODELING

American Bath Enterprises, Inc. Larry Arcadi 510-785-2600 www.americanbathind.com Ashby Lumber Emily Brown 510-843-4832 www.ashbylumber.com Bathfitter Justin Starnino 510-969-3905 www.bathfitter.com Markus Supply/Ace Hardware Dan Altwarg 510-832-6532 www.markussupply.com Sincere Home Decor Keith Chan 510-832-2838, x108 www.sincerehomedecor.com BLINDS & DRAPES

American Draperies & Blinds, Inc. Paul Russo 800-972-0660 www.americandrapery.com BUILDING MATERIALS/HARDWARE

Ashby Lumber Emily Brown 510-843-4832 www.ashbylumber.com James Hardie Building Products Ellen Dowd 800-426-4051 www.jameshardiecommercial.com

Markus Supply/Ace Hardware Dan Altwarg 510-832-6532 www.markussupply.com ReStore/Habitat for Humanity Rose Stubberfield 510-777-1447 www.habitateb.org/restore CARPET CLEANING

Cleaner Carpets Ron Russell 510-522-1344 cleanercarpet@juno.com CODE COMPLIANCE

Armstrong Development Barbara Armstrong 510-337-1998 barbaraarmstrong@comcast.net COLLECTION AGENCIES

Rent Recovery Service Robbie Cronrod 800-845-1086 www.rentrecoveryservice.com CONDO CONVERSION

Armstrong Development Barbara Armstrong 510-337-1998 barbaraarmstrong@comcast.net CONSTRUCTION

SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com Vasona Construction, Inc. Dan Scharnow 510-413-0091, x203 www.vasonaconstruction.com West Coast Premier Construction, Inc. Homy Sikaroudi 510-271-0950 www.wcpc-inc.com CLEANING SERVICE

Lydia’s Janitorial Noemi Fernandez 510-927-6111 CONTRACTORS/ RESTORATION

ARC Cleaning & Restoration Nina Lauffer 510-221-7956 www.arc-ca.com Belfor Property Restoration Lisa Schwichtenberg 888-543-3473 www.belforusa.com Har-Bro Restoration Ryan Rusler 510-887-8500 www.harbro.com SERVPRO of San Leandro Clayton Barry 510-352-2480 www.servprosanleandro.com DEVELOPMENT

Armstrong Development Barbara Armstrong 510-337-1998 barbaraarmstrong@comcast.net

DOORS & GATES

GARAGE DOORS

Community Controls Tim Bruske 800-284-2837 www.communitycontrols.com R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com

R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com

ELECTRICAL SUPPLIES

Ferguson Enterprises, Inc. Jimmy Theoc 510-512-2064 www.ferguson.com ELECTRICIANS

Ally Electric & Solar, Inc. Metin Saglam 510-559-7700 www.allyelectrical.com Automation Electric Rene Schaub 510-333-8192 www.automationelectric.biz Thomas Electric Co. (TEC) Thomas Hurtubise 510-814-9387 www.tecelectric.net ELEVATOR REPAIRS

Paramount Elevator Corp.

Mark Pipoly 510-835-0770 www.paramountelevator.com ENVIRONMENTAL TESTING SERVICES

Essel Environmental Consulting Nik Lahiri 925-413-5511 www.esseltek.com FIRE PROTECTION

Battalion One Fire Protection Mike Herbert 510-653-8075 www.battaliononefire.com Bay Alarm Limor Margalit 510-639-2652 www.bayalarm.com Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com Sentry Alert David Ingham 510-549-0306 www.sentryalert.com FLOOR COVERINGS

Bay Area Contract Carpets, Inc. Kerry Plain or Ken Scott 510-613-0300 www.bayareacontractcarpets.com Dick’s Carpet One Dan Biles 510-633-9533 www.dickscarpetoneoakland.com Tradeway Carpet Outlet Darryl Johnson 510-233-3350 www.tradewaystores.com

GOVERNMENT AGENCIES

Housing Authority of the City of Alameda Mike Pucci 510-747-4325 www.alamedahsg.org Oakland Housing Authority OHA Leased Housing 510-874-1500 www.oakha.org HANDYMAN SERVICES

Halcyon Properties Roger Shane 510-847-7075 rbshane@aol.com Start to Finish Christopher Bailey 510-727-9128 cpmbailey@sbcglobal.net HAULING SERVICES

Junk King Paul Bains 510-982-9650 paulb@junk-king.com HEATING & AIR CONDITIONING

Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Apple Heating & Air Conditioning Bobby Wong 510-530-2423 bobby_apple@yahoo.com Atlas Heating & Air Conditioning Lisa Tuck 510-893-1343 www.atlasheating.com Black Diamond Mechanical Robert Lopez 510-522-4196 robertlopez@blackdiamond mechanical.com HEATING & AIR CONDITIONING SUPPLIES

Ferguson Enterprises, Inc. Jimmy Theoc 510-512-2064 www.ferguson.com INSPECTIONS

SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com INSURANCE

Aon Rent Protect David Leisen 818-742-1383 www.aonrentprotect.com Building Insurance Specialists Mike Pallas 925-297-4202 www.buildinginsurancespecialist.com ebrha.com

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RENTAL HOUSING 39

Capital Insurance Group George Cushing 800-732-6770 www.ciginsurance.com Commercial Coverage Insurance Paul Tradelius 415-436-9800 www.comcov.com Ruben Leon - Farmers Insurance Group Ruben Leon 510-525-6540 rleoncorrea@farmersagent.com NorthStar Risk Management & Insurance Services Pat Lowther 925-975-4686 www.northstar-ins.com PFN Insurance Services Nicholas Penland 510-483-6667 www.pfninsurance.com INTERCOMS & ACCESS CONTROLS

Community Controls Tim Bruske 800-284-2837 www.communitycontrols.com R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com Sound Communication Systems Jerry Dean 510-595-8111 scs4208@yahoo.com INVESTMENT OPPORTUNITIES

Martinez Real Estate Investment Jose Martinez 510-769-0436 LAUNDRY EQUIPMENT

Coinmach Greg Blednyh 510-429-0900, x54435 www.coinmach.com LEAD PREVENTION

A.C. Lead Poisoning Prevention Program Julie Twichell 510-567-8252 www.aclppp.org LIGHTING SUPPLIES

Ferguson Enterprises, Inc. Jimmy Theoc 510-512-2064 www.ferguson.com LOCKSMITH EVICTION SERVICES

Golden Gate Locksmith Co Ralph Scott 510-654-2677 kgglocksmith@yahoo.com PAINTERS

JB Painting Josue Landa 510-282-1431 jbpainting001@yahoo.com RDM Painting & Decorating Roberto Diaz 510-421-1908 rdmpainting1@yahoo.com 40 RENTAL HOUSING

| JANUARY 2013 |

Steve’s Painting & Renovating Steve Fagrey 510-910-6997 www.welovetopaint.net Universe Painting, Inc. William McKenzie 866-666-6761 www.universepainting.com PEST CONTROL

Terminix Robert Sater 510-489-8689 www.terminix.com PLUMBING - WATER HEATERS

Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Black Diamond Mechanical Robert Lopez 510-522-4196 robertlopez@blackdiamond mechanical.com Ethan’s Service Plumbing Ethan Elkins 510-390-4185 ethansplumbing@gmail.com Everest Plumbing Tsering Chomphel 510-233-2529 www.mount-everest-plumbing.com Pacific Drain & Rooter Service Nasir Jalil 510-452-4606 nasirjalil80@gmail.com Roto-Rooter Martin Alvarez 510-755-1262 sanactma@aol.com Tanknot Tankless, Inc. David Shevick 415-794-2084 www.tanknot.com PLUMBING SUPPLIES

Ferguson Enterprises, Inc. Jimmy Theoc 510-512-2064 www.ferguson.com

Bay Property Group Robert Goldman 510-836-0110 www.baypropertygroup.com Beacon Properties Carlon Tanner 510-428-1864 www.beaconprop.com Caldecott Property Management Services Ronald Reece 510-594-2400, x226 www.caldecott.com Canyon Pacific Management Tom Scripps 415-495-4739 www.canyonpacific.com Cedar Properties Jonathan Weldon 510-834-0782 www.cedarproperties.com Crane Management Kit Crane 510-918-2306 www.cranemanagment.com East Bay Asian Local Development Co. Frances Rosario 510-287-5353 www.ebaldc.org The Enterprise Company William McLetchie 510-444-0876 ERI Property Management Sasha Bermudez 510-883-7017 www.erirentals.com Lapham Company Jon Shahoian 510-594-7600 www.laphamcompany.com Marquardt Property Management Karen or Judi Marquardt 510-530-2050 www.mpmoakland.com

PROMOTIONAL PRODUCTS

OMM Inc./Mason Management Janice Mason 510-522-8074 www.ommhomes.com

Aspire Business Consulting Natalie Koffler 510-919-0914 www.aspirebizconsult.com

Premium Properties Sam Sorokin 510-594-0794 www.premiumpd.com

PROPERTY MAINTENANCE

The Garza Company, Inc. Manuel Garza 510-763-9500 garza@garzaco.com PROPERTY MAINTENANCE SUPPLIES

Ferguson Enterprises, Inc. Jimmy Theoc 510-512-2064 www.ferguson.com

Shaw Properties Liz Hart 510-654-1920 www.shawprop.com Sphinx Property Management Jon Goree 510-798-9299 www.sphinxpm.com

PROPERTY MANAGEMENT

Wellington Property Company Jillian Loh 510-338-0588 www.wellingtonpropertyco.com

Advent Properties, Inc. Benjamin Scott 510-250-7918 www.adventpropertiesinc.com

Western Management Property, Inc. Vinnie Mistry 510-451-7317 www.westernmpinc.com

ebrha.com

Woodminster Property Management Nicholas Drobocky 510-336-0202 www.woodminstermanagement.com

Woodminster Real Estate Co Inc. Nicholas Drobocky 510-336-0202 www.woodminsterrealty.com

PROPERTY MANAGEMENT SOFTWARE

RECYCLING/REUSE

Buildium Sam Clarke 888-414-1933 x152 sam@buildium.com

Automatic Response Systems Steve Papai 510-717-3631 www.compax.com ReStore/Habitat for Humanity Rose Stubberfield 510-777-1447 www.habitateb.org/restore

RAIN GUTTERS

R.C. Gutter Services Ramiro Cornejo 510-331-4425 Sunshine Gutters Tammar Hadiri 510-525-0880 www.sunshinegutters.com REAL ESTATE BROKERS & AGENTS

Advent Properties, Inc. Benjamin Scott 510-250-7918 www.adventpropertiesinc.com Caldecott Properties Andy Read 510-594-2400 www.caldecott.com Coldwell Banker – Apartment Specialist John Caronna 925-253-4648 www.eastbayIREA.com Coldwell Banker Commercial Henry Ohlmeyer 925-831-3390 www.coldwellbanker.com Davide Pio 510-815-2000 info@iliveinthebayarea.com Edrington & Associates Steven Edrington 510-749-4880 sedrington@msn.com Home & Investment Realty George Vassiliades 510-710-6826 www.propertiesbygeorge.com Lapham Company Tsegab Assefa 510-594-0643 www.laphamcompany.com Litton/Fuller Group Luke Blacklidge 510-548-4801, x130 www.littonfullergroup.com Marcus & Millichap David Wolfe 510-379-1200 www.marcusmillichap.com NAI Kilpatrick & Company Grant Chappell 510-972-4941 www.naikilpatrick.com Property Counselors Link Corkery, Inc. Link Corkery 510-886-1212 www.pclclink.com Rosemary McNally Rosemary McNally 510-769-1845 www.rosemarymcnally.com

RENT CONTROL CONSULTANTS

Alan K. Beales 510-339-9776 Edrington & Associates Steven Edrington 510-749-4880 sedrington@msn.com RENTAL SERVICES

Cal Rentals Elaine Perkins 510-642-3644 www.calrentals.housing.berkeley. edu Eden I & R Ollie Arnold 510-537-2710 www.edenir.org ROOFERS

Fidelity Roof Company Steve Parry 510-547-6330 www.fidelityroof.com Frank Fiala Roofing Frank Fiala 510-582-6929 www.ffialaroofing.com General Roofing Company Michael Wakerling 510-536-3356 www.generalroof.com Precision Roofing Company Michael Green 510-436-7575 precisionroofingco@sbcglobal.net SECURITY/SURVEILLANCE

Bay Alarm Limor Margalit 510-639-2652 www.bayalarm.com Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com Golden Gate Locksmith Co Ralph Scott 510-654-2677 kgglocksmith@yahoo.com R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com Sentry Alert David Ingham 510-549-0306 www.sentryalert.com

SEISMIC CONSTRUCTION

Earthquake & Structures, Inc. B.K. Paul 510-601-1065 www.esiengineers.com West Coast Premier Construction, Inc. Homy Sikaroudi 510-271-0950 www.wcpc-inc.com SIDING

James Hardie Building Products Ellen Dowd 800-426-4051 www.jameshardiecommercial.com SOLAR POWER

Ally Electric & Solar, Inc. Metin Saglam 510-559-7700 www.allyelectrical.com Belenus Renewable Energy David Nolan 415-244-6383 www.belenussolar.com TENANT SCREENING SERVICE

Contemporary Information Corp.

(CIC) Dan Firestone 888-232-3822 www.continfo.com TOWING SERVICE

Ken Betts Towing Services Ayub Azam 510-532-5000 www.kenbettscompany.com TREE SERVICE

Coastal Tree Service Hans Waller 510-693-4631 www.coastaltreeservice.com WASTE & WASTE HANDLING EQUIPMENT

Automatic Response Systems Steve Papai 510-717-3631 www.compax.com Junk King Paul Bains 510-982-9650 paulb@junk-king.com Waste Management Company David Tucker 510-430-8509 www.wastemanagement.com WINDOWS

Milgard Windows & Doors Craig Rideau 925-260-4511 www.milgard.com The Window Specialist Tom From 510-923-1000 www.window-specialist.com ebrha.com

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RENTAL HOUSING 41

ad index

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Frank Fiala Roofing. . . . . . . . . . . . . . . . . . . . 31 General Roofing Co. . . . . . . . . . . . . . . . . . . . 33

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510.893.9873 | FAX 510.893.2906

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| JANUARY 2013 |

ebrha.com

ROOFING SERVICES

East Bay Rental Housing Association

TEL

42 RENTAL HOUSING

Coldwell Banker. . . . . . . . . . . . . . . . . . . . . . . 24

Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by EBRHA, express or implied, of the advertiser or any goods or services offered.

Non Payment of Rent Evictions Nuisance Evictions Owner Move-In Evictions Rent Board Petitions General Landlord-Tenant Litigation

With Offices in San Francisco and Oakland

CALL US: 510-836-0110

www.baypropertygroup.com

WELCOME TO THE NEW AMERICAN DREAM. It’s changing – dramatically. People want flexibility, professional mobility, and a wider range of living options. Now more than ever, households are choosing the freedom of renting.

In fact, the fastest-growing populations in the next decade are empty-nesters and young professionals – people most likely to choose apartment living. That’s why half of all new households created this decade could be renters.

Building for this demand creates a large number of local jobs: on average 116 for every 100 apartment units constructed.

They also generate an additional $5.5 million in wages and $3.3 million in federal, state and local tax revenue and fees.

With upwards of 7 million new renters this decade, maybe it’s time to support the new American dream in your community.

www.nmhc.org

www.naahq.org

APARTMENTS. WHERE THE FUTURE LIVES.