Rental Housing - April 2017

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Rental

Housing EAST BAY RENTAL HOUSING ASSOCIATION | APRIL 2017

SIMPLIFYING SOLAR FOR APARTMENTS

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Contents

East Bay Rental Housing Association

APRIL 2017

Volume XIV, Number 4 | April 2017 EBRHA OFFICE

3664 Grand Ave., Suite B, Oakland, CA 94610 tel 510.893.9873 | fax 510.893.2906 www.ebrha.com EBRHA STAFF EXECUTIVE DIRECTOR

Jill Broadhurst | jbroadhurst@ebrha.com DIRECTOR OF STRATEGIC PARTNERSHIPS

Tina Bocheff | tbocheff@ebrha.com PUBLICATIONS & COMMUNICATION PRODUCER

Esteban Cortez | ecortez@ebrha.com ACCOUNTING MANAGER

Cathy Hayden | chayden@ebrha.com MARKETING & EVENTS COORDINATOR

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Simplifying Solar for Apartments

Working Toward Zero

BY ALEXANDRA PATEY

BY RACHEL KUYKENDALL

Angelisa Ross | aross@ebrha.com MEMBERSHIP & ADMINISTRATIVE ASSISTANT

Angelique Johnson | reception@ebrha.com EBRHA OFFICERS PRESIDENT Wayne C. Rowland VICE PRESIDENT Luke Blacklidge VICE PRESIDENT Jack Schwartz SECRETARY Fred Morse TREASURER Abbe Sultan EBRHA DIRECTORS

Symon Chang, Nathan Durham-Hammer, Irina Gelfenbeyn, Reggie Hairston, Brent Kernan, Carmen Madden, Conor Murphy, Michael Pallas, Rick Philips, Jason Russell, Judy Shaw, Carlon Tanner

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PUBLISHED BY

East Bay Rental Housing Association PUBLISHER

Environmental Stewardship

Wayne C. Rowland MANAGING EDITOR Jill Broadhurst EDITOR Tina Bocheff

BY CANDIS MARY-DAUPHIN

ART DIRECTOR & COPY EDITOR Esteban Cortez ADVERTISING

Tina Bocheff | 510.318.8303

Features & Columns 6

NEWS

Call Your Legislators Now to Oppose AB 1506! 8

Events & Directory

CAPITOL INTELLIGENCE

A Flood of Bills BY RON KINGSTON

32 COMMUNITY CALENDAR 34 V ENDOR DIRECTORY 38 M EMBERSHIP INFORMATION 38 A D INDEX

10 COURT TALK A Deal is a Deal BY BRENT KERNAN 28 ESQ&A Left Behind BY VARIOUS AUTHORS

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Rental Housing (ISSN 1930-2002-Periodicals Postage Paid at Oakland, California. POSTMASTER: Send address changes to RENTAL HOUSING, 3664 Grand Ave., Suite B, Oakland, CA 94610. 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 © 2017 by EBRHA. All rights reserved.


Real Estate Owners, Investors & Brokers are Invited THE ONLY EVENT DEDICATED EXCLUSIVELY TO THE BAY AREA APARTMENT INDUSTRY

Economic & Legislative Forum

Thursday, April 20, 2017 8:30 am - 11:00 am Lake Chalet, 1520 Lakeside Drive, Oakland EBRHA Member Price: $29 | $49 after April 7 Non-Member Price: $69 The East Bay residential rental market is leveling off, and questions remain about how the new administration will impact housing policy. Given current supply challenges and local rent policies, what is the outlook? Will demand continue to outpace supply? How can owners protect themselves from inevitable downturns and adverse legislation? Discover this and more from leading industry experts. 8:30 am – 9:00 am: Networking and Breakfast 9:00 am – 9:15 am: Welcome, Wayne Rowland and Jill Broadhurst 9:15 am – 10:00 am: Economic Forecast, Mark Lipsett 10:00 am – 11:00 am: Legislative Landscape, Ron Kingston THANK YOU TO OUR SPONSORS

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Panel Speakers Jill Broadhurst Executive Director EBRHA

Marc Lipsett Vice President Pacific Western Bank

Wayne C. Rowland President EBRHA & Rowland Property Mgmt.

Ron Kingston President CalPCG & EBRHA State Lobbyist

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contributors RACHEL KUYKENDALL Rachel Kuykendall is a Senior Program Manager at the Association for Energy Affordability, Inc. specializing in improving energy efficiency in existing multifamily buildings and the creation of zero net energy/net positive projects. She has served as an energy efficiency program manager and program implementer for the Energy Upgrade California: Bay Area Multifamily Building Enhancement Program, which aims to serve 40,000 multifamily units undergoing retrofit projects through December 2017.

CANDIS MARY-DAUPHIN Candis Mary-Dauphin works at StopWaste—one of nine agencies that make up the Bay Area Regional Energy Network (BayREN). With BayREN, she helps implement effective energy saving programs on a regional level and draws on the expertise of Bay Area local governments to develop and administer successful climate, resource, and sustainability programs.

ALEXANDRA PATEY Alexandra Patey is a Project Manager with the Center for Sustainable Energy. She holds a Master of Science from Appalachian State University where she studied Renewable Energy and Appropriate Technology. Currently on CSE’s Advisory Services team, Alexandra works on a variety of projects whose efforts include bolstering multifamily solar throughout California, as well as supporting implementation efforts for the City of San Diego’s Climate Action Plan.

JOHN (J.R.) RICHARDS John’s practice focuses on developing long term client relationships representing their interests in both transactional matters and in civil litigation. He represents both plaintiffs and defendants primarily in real estate and business disputes and has successfully litigated cases through dispositive motion, trial and settlement in state and federal courts.

DAVID SEMEL David Semel has been a practicing civil litigator since 1999, and represents both plaintiffs and defendants in legal disputes at all stages. David specializes in real property law and has extensive experience counseling and advocating for clients regarding rent control, eviction control, recovering possession of rental units, wrongful eviction, habitability issues, toxic torts, neighbor disputes, code violations, permits, disabled accommodations, and insurance coverage. 4 RENTAL HOUSING

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TRASH & RECYCLING RATES RAISED AGAIN! In 2015, owners were hit with trash and recycling fee increases of as much as 500%. The City of Oakland agreed to ANOTHER hike that fleeces property owners further! For 1-4 Unit Buildings • Curbside and backyard compost collection — increased more than 7% • Curbside recycling collection — new separate fee of $12.56 per cart • 2-4 units: Per-unit surcharge — increased 19% • Single-family home curbside and backyard trash collection — increased 8-10% • Contamination fees — $25-$50 per incident For 5+ Unit Buildings • Trash and compost rates — increased more than 7% • Curbside recycling rates — increased nearly 20% • Push/pull fees — increased 5% • StopWaste Benchmark fee increased • Contamination fees — $25-$50 per incident The City approved these increases, proving once again that they don’t care about property owners! Before signing this unfair deal, city officials said that rate increases under the new contract would not exceed 40%. Instead, more than two-thirds of EBRHA members surveyed saw hikes of 40-100%, and a third saw increases of 101-525%! EBRHA filed a landmark lawsuit in 2016 to expose the increases as an illegal tax. The lawsuit also calls into question the $25 million dollar annual franchise fee that the City collects. In order to win this case, the EBRHA Legal Fund must be well-supported, as it is common for cities to use legal tactics that prolong a case in order to deplete the plaintiff’s resources. We look to all EBRHA members for your support. Please donate to the legal action fund today.

Go to ebrha.com/legal-fund


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title newshere laws to provide reasonably affordable housing with less and less income for maintenance and improvements. We cannot afford to offer the same subsidized rent to subsequent tenants when the original tenant vacates. The numbers just don’t add up to a fair return. Please call the Assembly Members listed on page 9 by April 17! EBRHA will continue to send updates to members regarding AB 1506 and its status as they become available.

Call Your Legislators by April 17 to Oppose AB 1506! to call all assembly members and urge them to VOTE NO on AB 1506—repealing the CostaHawkins Act—which would be devastating for your business. The deadline for calling has been extended to April 17. As it stands, AB 1506 must be heard in committee by April 26th and then clear the Assembly floor for a vote in May. Your calls are critical, as tenant groups across the state are organizing en masse and are now actively making calls to legislators in support of AB 1506. Here is what AB 1506 would allow your city or county to do: IT’S NOT TOO LATE

• END VACANCY DECONTROL. Because of this restriction, rental income will rarely increase which will result in not making energy and seismic safety improvements, and forgoing needed maintenance. The income stream will not be sufficient to obtaining a loan for improvements. • Set rent controls on newly constructed housing built after 1995. The property was built on reliance of being exempt from rent control. • Set rent controls on single-family homes. These units will now be subject to a complex set of rent and eviction control mandates. Property owners did not cause the current rental housing shortage. Instead, we worked with existing rental 6 RENTAL HOUSING

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City of Oakland Sends Misleading Information to Rental Owners In March, the City of Oakland sent a

notice from the Rent Adjustment Program (RAP) to rental property owners, which incorrectly states: “Effective February 1, 2017, property owners must petition the Rent Adjustment Program (RAP) for any rent increases over the amount of the Consumer Price Index (CPI) allowable rent increase or one based on prior “banked” increases.” The letter--specifically the statement above--has caused confusion among owners and EBRHA members, giving the impression that they must petition for increases based on banking. In reality, the ordinance actually states that CPI and Banking increases do not require filing a petition. EBRHA Board Member Luke Blacklidge emailed Oakland City Attorney Richard Illgen about the misleading information, stating that some tenants are already filing petitions against owners for banked increase pass-throughs. Blacklidge also urged the city to issue a correction as soon as possible to avoid further confusion. “We understand that the rules have changed, but this misleading presentation of the new rules is troubling. The RAP program needs to immediately correct this error, post the correction on their website, and re-issue a corrected statement to the community,” he said. “I trust that the publication and website statements were merely a huge mistake by the RAP and were not reviewed by your office rather than a deliberate attempt to mislead owners and tenants. Please make the corrections as soon as possible.” At the time of publication, no response had been issued from the city.


Emeryville’s Residential Landlord And Tenant Relations Ordinance in Effect April 1, 2017 The City of Emeryville has adopted Ordinance No. 16, the “Residential Landlord and Tenant Relations”Ordinance, which is effective April 1, 2017. According to the text of the ordinance, it was adopted to “increase certainty and fairness in the residential rental market in the City by addressing just cause eviction, anti-harassment, and relocation assistance.” The Ordinance applies to most rental properties in the city, with some exceptions including dwelling units in hotels, motels, lodging houses and rooming houses; nonprofit cooperative housing; and units exempted under state laws, such as single family homes or new construction as defined in the Costa Hawkins Rental Housing Act. Some of the significant changes under the Ordinance include the addition of Just Cause for termination of tenancies and relocation assistance for no fault terminations. For more information and to download the ordinance, go to ebrha.com/city-ofemeryville.

Oakland Rent Adjustment Program Launches New Website The City of Oakland recently launched

a new website that aims to make it easier for property owners and renters to resolve rent disputes. The city introduced a new service for its rent adjustment program that allows both sides to file petitions online. Nearly 70 percent of the city’s 100,000 rental units are currently covered under the program. The webbased service complements the existing paper filing system. The new website also allows property owners to petition for increases above CPI and banking. EBRHA has been working with city staff to make sure the language on the website is accurate and clear, and hopes that such updates are made to the second version of the website, scheduled to launch later this year. The new website can be found at rapwp.oaklandnet.com. RH

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capitol intelligence

Development. SB 277 (Bradford), similar to AB 1505 (Bloom), would authorize local governments to require inclusionary housing affordability standards for all new developments. AB 915 (Ting) and AB 932 (Ting) also relate to similar local government housing affordability mandates in all new developments. AB 199 (Chu) would require all private residential projects built on private property pursuant to an agreement with the state or a political subdivision to A summary of proposed bills affecting your rental meet the requirements of projects that are defined as “public works” under existing housing business. BY RON KINGSTON law, thus imposing payment of prevailbout the same time that flooding wages or PLA agreements on these is a direct expression that the legislature gates and emergency spillways private projects. does not want to curb extreme forms of were attempting to corral an AB 1667 (Friedman) would require rent control. The author has indicated abundance of water at the Oroville urban water suppliers to install separate he will push for passage of this bill this Dam and the Don Pedro Reservoir, the dedicated landscape water meters on all year. See the sidebar on page 9 for more Capitol was inundated with a flood of existing service connections for industrial, details. a different kind—legislative proposals commercial and residential property, AB 1505 (Bloom) would authorize introduced en mass to beat the selfrequiring massive retrofit replumbing, local ordinances to require, as a condiimposed deadline for bill introductions. with varied completion dates dependtion of development of residential rental Imagine, over 850 bills of all different ing upon the nature of the structural housing units, that the development stripes in the last day alone. What a way include a certain percentage of units improvement on the property and the to celebrate a Presidents’ Day weekend! square footage of irrigated landscapes. affordable to and occupied by houseYour EBRHA legislative team has AB 291 (Chiu) contains several holds that do not exceed the income identified for close scrutiny and ongoseparate and detailed provisions relating limits for moderate income, lower ing monitoring about 150 bills of the to various prohibitions in the ownerincome, very low income, or extremely roughly 2,600 bills introduced this year. tenant relationship regarding the known low income households as specified by As usual, some these bills have a direct or perceived immigration or citizenship certain cited sections of the Health and effect on the ownership and managestatus of a tenant or occupant. Among Safety Code. ment of residential rental property, other provisions, it would create a tenAB 982 (Bloom) would amend the while others are more inclusive in scope. Ellis Act, regulating the permissible limant’s cause of action for damages in the Here are some of the more noteworthy amount of six times the monthly rent for its on local governments’ authority to bills to date. unauthorized disclosure of such informaregulate the ability of a rental property tion and provide affirmative defenses in owner to go out of business, to require The Proposed Bills UD cases. a minimum one-year notice to all AB 1506 (Bloom) would repeal the AB 1242 (Grayson) would require an residents as opposed to seniors and the Costa-Hawkins Act, a decade-in-theowner or agent of residential rental propdisabled who must receive a notice at making measure to place restrictions erty having 16 or more units to reside least one-year in advance of the owner on a local government’s ability to at the property or within 5 miles of the going out of business enforce overly restrictive rent control property. It also would require written AB 1585 (Bloom) would establish ordinances. The Act was designed to disclosure to every tenant by February in each local jurisdiction a new layer curb the excesses of early Berkeley1, 2018, the name, telephone number of regional zoning approval for certain and Santa Monica-styled rent control and email address of affordable housing projordinances, exempted all new construc“Your EBRHA legthe property owner or ects that meet specified tion and single-family homes, among agent. standards relating to local islative team has other provisions. Its repeal would identified for close Much more about housing needs and fast devastate the housing industry because scrutiny and ongothese significant bills of track a comprehensive it would allow local governments to ing monitoring interest will be discussed permit approval proadopt restrictive and punitive forms of about 150 bills of in greater detail as they cess that includes public rent control. The effect of the bill is to the roughly 2,600 progress through the hearings and appeal to authorize local governments to demand bills introduced this committee process in the State Department of owners subsidize rent for all tenants and Housing and Community year.” this legislative session.

A Flood of Bills A

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Turning attention to other bills of interest, we note in passing that our jointly sponsored bill on immigration described last month, AB 299 (Calderon), conflicts in several meaningful ways with AB 291 (Chiu) mentioned above. Some other measures in no particular order of attention include the following: AB 62 (Wood) would require all public housing agencies to implement a policy by July 30, 2018, to prohibit the smoking of tobacco products in all public housing living units, interior areas, and outdoor areas within 25 feet of the units except in designated smoking areas. AB 1569 (Caballero) would provide a detailed process to be followed by owners and tenants for dealing with ADA accommodation of animals on the rental property where the disability or the disability-related need for the animal is not apparent. It provides a step-by-step interactive procedure to validate important criteria. SB 2 (Atkins) would create a separate fund in the State Treasury for support of affordable housing development by imposition of a $75 fee on the recording of every real estate instrument, paper, or notice required or permitted to be recorded, not to exceed a total of $225 per single transaction. SB 3 (Beall) would authorize the issuance of $3 billion in bonds to be used for financing various existing housing programs as well as infill infrastructure financing and matching grant programs. ACA 4 (Aguiar-Curry) would lower from 2/3 to 55% the vote required to authorize general obligation bonds to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure or affordable housing projects, if the proposition proposing that bond includes specified accountability requirements. Stay tuned for updates on all of these and other bills of interest. RH

The information provided herein is intended to provide general guidance and awareness on state laws and regulations and shall not be construed in any way as a substitute for individual legal advice. Those that require specific advice should consult an attorney. Ron Kingston is the EBRHA state lobbyist and president of the California Political Consulting Group. He can be reached at 916-447-7229 or ron@calpcg.com.

Call Your Legislators by April 17 to Oppose AB 1506! It’s not too late to call all assembly members and urge them to VOTE NO on AB 1506—repealing the Costa-Hawkins Act—which would be devastating for your business. The deadline for calling has been extended to April 17. As it stands, AB 1506 must be heard in committee by April 26th and then clear the Assembly floor for a vote in May. Your calls are critical, as tenant groups across the state are organizing en masse and are now actively making calls to legislators in support of AB 1506. Here is what AB 1506 would allow your city or county to do: • END VACANCY DECONTROL. Because of this restriction, rental income will rarely increase which will result in not making energy and seismic safety improvements, and forgoing needed maintenance. The income stream will not be sufficient to obtaining a loan for improvements. • Set rent controls on newly constructed housing built after 1995. The property was built on reliance of being exempt from rent control. • Set rent controls on single-family homes. These units will now be subject to a complex set of rent and eviction control mandates. Property owners did not cause the current rental housing shortage. Instead, we worked with existing rental laws to provide reasonably affordable housing with less and less income for maintenance and improvements. BUT THIS PROPOSAL IS THE LAST STRAW! We cannot afford to offer the same subsidized rent to subsequent tenants when the original tenant vacates. The numbers just don’t add up to a fair return.

Call All the Following Assembly Members by April 17! Asm. Catharine Baker 916-319-2016

Walnut Creek, San Ramon, Dublin, Livermore, Pleasanton

Asm. Timothy Grayson 916-319-2014

Vallejo, Benicia, Martinez, Concord, Pleasant Hill, Pittsburg

Asm. Rob Bonta 916-319-2018

Oakland, Alameda, San Leandro

Asm. Kansen Chu 916-319-2025

Fremont, Newark, Milpitas, San José, Santa Clara, Leandro

Asm. Jim Frazier 916-319-2011

Antioch, Bethel Island, Birds Landing, Brentwood, Byron, Collinsville, Discovery Bay, Fairfield, Isleton, Knightsen, Locke, Oakley, Pittsburg, Rio Vista, Suisun City, Travis AFB, Vacaville, Walnut Grove

Asm. Bill Quirk 916-319-2020

Hayward, Union City, Castro Valley, San Lorenzo, Ashland, Cherryland, Fairview, Sunol, North Fremont

Asm. Tony Thurmond 916-319-2015

Hercules, Pinole, San Pablo, Richmond, El Cerrito, Albany, Piedmont, Berkeley, Oakland

Asm. David Chiu 415-557-3013

San Francisco

Asm. Phil Ting (415) 557-2312

San Francisco

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court talk

the apartment, having spent $70,000 to remodel it. Six month’s later, however, his employment circumstances changed and he was forced to move to the San Jose area. He then re-rented the unit to a new tenant at market rate for $3,700 per month. Because the San Francisco owner move-in ordinance creates a rebuttable presumption that an owner has not acted in good faith if he does not occupy the unit for 36 months, the tenant filed a A clearer picture emerges on tenant buyouts and lawsuit. However, that inquiry never came to trial, because the trial court ruled the rights of rental property owners. BY BRENT KERNAN that Geraghty had waived his right to sue Shalizi. The Geraghty case followed the 2011 ruling in Kaufman v. Goldman, (2011) 195 Cal. App. 4th 734, but it appears to expand the scope of enforceable settlement agreements to those occurring prior to, but in contemplation of, litigation. These two cases illustrate the exception to the rule that contracts which are against public policy (that is, a law) are void and unenforceable. A long history of California law has determined that parties are free to waive their rights during the course of litigation in order to settle cases. This policy is essential to the functioning of the California court system because without it, every case would end up going to trial. Quoting the Kaufman clearer picture has emerged and tenant’s ability to enter into these case, the Geraghty court stated, “‘Parties of the law regarding “cash for agreements. frequently settle landlord-tenant disputes, keys” buyouts this month with The facts of the case are these: In and move-out provisions are not uncomthe publication of Geraghty v. Shalizi, 2011, Joseph Shalizi purchased a fourmon. If [anti-waiver provisions of the rent a California appellate case which again unit building in San Francisco. Shalizi ordinance] were deemed to apply to such affirms the right of a rental property sought to move into a unit occupied move-out provisions, this would have a owner to hold a tenant to a buyout by a tenant, Geraghty, for 22 years chilling effect on future settlements of agreement made within, or in contemwho paid a far lower than market unlawful detainer actions as landlords plation of, the litigation process. “Cash rent—$938 per month. Shalizi began would have little incentive to enter into for keys” move-out agreements are negotiations to buy out the tenant so pre-litigation negotiations.’” often the only option for owners facing that he could move into the unit perUnlike in Kaufman, however, litigathe high litigation costs for evictions in manently. An agreement tion did not actually cities with eviction control ordinances. “But make no was drafted by Shalizi’s commence, and the The case involved a provision in mistake, this area lawyer and signed by all settlement agreement San Francisco’s rent control ordinance of law is still a parties. It called for the was meant to avoid any that attempts to prohibit settlements tenant to be paid $25,000 mine-field for future unlawful detainer between rental property owners and rental property for his agreement to litigation. It was enough, tenants that call for a tenant to vacate owners because of move out of the unit and the Geraghty court the rental unit. This type of ordinance the wealth of new his waiver of any future stated, that “Shalizi provision also currently appears in regulations that may made clear he intended claims related to the the Oakland, Berkeley and Richmond or may not affect property. to institute legal action rent ordinances. Each tries to block or future settlement Shalizi meant what to recover Geraghty’s significantly weaken a property owner agreements.” he said and moved into unit if the parties were

A

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PHOTO: ROBERT OWEN-WAHL / CHARTERFORCOMPASSION.ORG

A Deal is a Deal


3664 Grand Ave l Suite B Oakland, CA 94610 P 510.893.9873 l F 510.893.2906 www.ebrha.com l news@ebrha.com

April 1, 2017 EBRHA has approved the following ‘Basic Principles’ drafted by the Public Policy committee. It is meant to encapsulate fundamental ideas shared by our EBRHA membership and to create a foundation for further political activities on behalf of the EBRHA membership. We welcome your comments and suggestions. We also welcome finally beginning a healthy dialogue with our neighbors about rental housing and how we can work together to solve the current housing shortage. Only by listening to everyone and sharing all of our experiences and data can we make real, measurable progress in addressing this critical need. EBRHA BASIC PRINCIPLES 1) About EBRHA The East Bay Rental Housing Association (EBRHA) represents rental-housing providers in Alameda and Contra Costa Counties. Our members provide quality, affordable housing, and are the bedrock of a vital, productive community. As residents and local families invested long-term in our communities, we personally feel the successes and failures of housing policies in our daily lives. We are our communities. EBRHA members are overwhelmingly mom-and-pop homeowners. For many of us, rental income is the primary source of retirement income. EBRHA members include union members, city employees, teachers, retired workers, and folks on fixed incomes. We include your aunt and uncle, grandparents, cousins, beat cops and firefighters, doctors and dentists, neighbors, church members, etc. We share many concerns and interests with our customers; renters with whom we agree to provide impermanent housing on our properties. We support fair treatment for renters. We support existing Federal and State laws defining our rights and responsibilities. 2) EBRHA Basic Political Positions a. We SUPPORT rent subsidies for renters in real need, funded by the whole community. b. We SUPPORT the housing policies of most communities in the U.S. where functioning rental markets based on competition between owners keep rents fair, promote housing quality and encourage investment in maintenance and new construction to balance housing supply with demand. c. We strongly OPPOSE government imposed rent subsidy programs that assist renters that have no need, or that are funded by only an arbitrary subset of property owners. These programs (mislabeled “Rent Control”) only worsen housing shortages, damage their communities, and both overly burden the wrong owners and subsidize the wrong renters. 3) Our Vision for the Community a. Maintain ongoing, honest conversations with the community, informed by real data, about the costs and benefits of price controls on residential rents. b. Any rental assistance program is carefully designed to respect all stakeholders, achieve reasonable, rational objectives, and avoid unacceptable consequences, such as reducing much-needed housing investment thereby worsening housing shortages. c. Uphold the basic Constitutional rights of all citizens. The U.S. and California Constitutions established that all homeowners must receive Due Process in all government deliberations affecting their property. Sufficient time must be allowed for all stakeholders to be heard and for careful deliberations before creating housing policies. d. Subject all government housing programs to regular, independent evaluation to inform any changes, remove failing programs, and sunset all programs unless continued need is clearly demonstrated.

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unable to reach a negotiated agreement. For the same reasons expressed in Kaufman, we conclude the parties should be held to the terms of their negotiated disposition, which afforded benefits to both and avoided burdening the court with a lawsuit.” Of course, if an agreement between parties outside actual litigation can be enforced despite being contrary to public policy (that is, a local rent control provision), how can it still be unenforceable if the same agreement is made in a document entitled “Lease Agreement” at the commencement of a tenancy? This conundrum the Geraghty court avoids, stating only that “a landlord could not, in a rental or lease agreement, require a tenant to waive provisions of the rent ordinance.” However, in a settlement agreement, a tenant can. So Geraghty gives us clarity. Draft a proper “cash for keys” settlement and it will be enforceable. But make no mistake, this area of law is still a mine-field for rental property owners because of the wealth of new regulations that may or may not affect future settlement agreements. Still, the Geraghty case at least makes clear that a deal is a deal when it avoids burdening the civil justice system with future litigation. RH

Brent Kernan is an attorney and general counsel at Story Rentals, Inc and has practiced rental housing law for over 20 years. He can be reached at bkernan@aol.com or 510-712-2900.

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FEATURE

Pictured: Improving the shell of a building through retrofits like attic and floor insulation or dual pane windows will improve tenant comfort, building longevity, and reduce energy use. Photo: Jack Amick / CC BY 2.0


Working Toward Zero How to create a realistic Zero Net Energy capital improvement plan. BY RACHEL KUYKENDALL

I

t’s a fact of life that as a property ages, investments must be made to keep the property operational and marketable. Fortunately there are many experts and free resources available in the Bay Area that can assist multifamily property owners in creating and implementing 10 to 15 year roadmaps for these investments with an eye towards energy efficiency. Why integrate energy considerations into a capital investment plan? To retrofit over time to zero net energy (ZNE), where the building’s annual energy consumption is offset by the energy produced on-site, typically through a combination of energy efficiency upgrades and solar photovoltaics (PV) panels. The State of California recognizes the value of ZNE buildings, and their importance in helping the state address the harmful impacts of climate change. California has set a goal to reach a level of 50% ZNE for existing buildings by 2030. Public interest in ZNE is on the rise, and will further increase as the state pushes to meet its goals. Getting a head start

on implementing a ZNE investment plan can help distinguish a property, and reduce operating costs over the long term.

Creating a Plan

When creating a ZNE investment plan for a rental property, the first step in the process is engaging a consultant that can evaluate the property for efficiency improvement opportunities and generation potential. While personality fit and experience are often the deciding factors, here are a few other aspects to think about during the consultant selection process: Is your consultant an impartial third party that can advise you without self-interest? Do they have the appropriate licenses and certifications, such as an engineering license, Certified Energy Manager (CEM) credential, or LEED credential? Have they worked before with similar property profiles? A good way to gauge the quality of a consultant is to request and review a copy of a recently completed assessment report.

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“Even if Zero Net Energy (ZNE) is not your goal, there are many ways and reasons to consider energy efficiency and renewables when planning capital improvements. No matter which pathway you decide to take, the first step is to engage an energy consultant.” The starting point for the energy assessment will be two-fold. First, you’ll need a basic understanding of how much energy your building is currently using. Beginning in 2017, anonymized aggregated utility data for apartment complexes with 5 or more units will be available from utility providers. In Pacific Gas and Electric (PG&E) territory, property owners can obtain this data by calling 1-800-743-6617. Assuming that solar PV is the best option for offsetting the building’s energy usage, the second step is to evaluate the roof for PV generation potential. This evaluation can be done either by having a solar contractor complete an assessment of the property, or through a number of online tools. Google, for example, recently launched Project Sunroof, which can do a free, basic assessment of the solar potential of a building as well as provide information on potential financing options. The outcome of this solar assessment is the breakeven point for achieving zero net energy. For example, if a building has the rooftop capacity of generating 10,000 kWh of electricity annually, it would require usage to be reduced to 10,000 kWh in order to achieve zero net energy.

A Phased Approach

Unless a property owner has scored a winning lottery ticket, a phased approach is usually the best bet for reducing the energy use in a building. Not only does this allow for a more gradual investment into the property, but it allows further time to study the impact of each expenditure to ensure return on investment before moving on to more substantial retrofits. A typical zero net energy capital improvement plan stages improvements over a 10-15 year window, which is the typical life of most energy-using equipment in your building, and will identify energy efficiency measures, installation costs, and associated yearly savings. Measures are then typically sorted into three to four phases depending on equipment life and potential funding sources. When easing into a larger, multi-year investment, I often encourage owners and developers to start with those items that would be cost-effective to retrofit without any additional funding; improvements such as LED lighting upgrades, low-flow 16 RENTAL HOUSING

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showerheads and faucets or pipe insulation can be a great place to start. These low-cost retrofits are an inexpensive yet effective way to start establishing contractor relationships with little to no upfront risk. If the eventual goal for the project is to reach zero net energy, this step is also a great time to start analyzing building energy usage. While these first forays into efficiency are often cost-effective on their own, local utilities will frequently offer small rebates to help offset costs. These rebates are constantly changing, but an energy consultant should be able to help identify incentive programs that are a good fit for the project.

Second Phase Upgrades

A second phase of these efficiency upgrades often entails a comprehensive renovation. To maximize efficiency, I recommend working from the outside of a building in. Improving the shell of a building through retrofits like attic insulation, floor insulation, or dual pane windows will also improve tenant comfort, building longevity, and will reduce the amount of energy that tenants use to heat and cool their apartment units. Because of the reduced heating and cooling load of the building after these retrofits, HVAC equipment may be able to be down-sized upon replacement. In one recent project, I found existing furnaces were oversized by a factor of two. Oversized equipment wastes energy and money.

Heating & Cooling

After tackling the building shell, the largest energy users to target in multifamily properties are water heating, space heating, and cooling. While there is no one-size-fits-all solution for these energy end-uses, heat pumps are an emerging electric-based technology that offers solutions for each of these functions. Heat pumps use a compressor to remove heat from one space and move it to another. When used as a space conditioning system, heat pumps also have the ability to reverse the direction of the heat flow. During the heating season, heat is extracted from the outside air and pumped into the units. Even if the ambient air outside feels cold, there is latent heat that can be harnessed and directed inside. During the cooling season, the same heat pump will reverse direction, extracting heat from inside the units and dumping it to the outside. Heat pump water heaters have also started hitting the market in the last several years, offering an electric-based solution for domestic hot water heating. Electric heat pump systems are typically about two to three times more efficient than traditional gas systems and offer a cleaner, greener way to operate a building. Full out equipment replacement is not always a viable option. In these cases, consider investigating opportunities to improve controls and operation of existing systems. This job can be done either by an HVAC technician (for smaller systems)


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or commissioning agent (for larger, more complex systems). Opportunities that can improve the efficiency of existing systems include: installation of smart thermostats, duct sealing, duct insulation, and pump or fan controls.

STAR. This handy label will help buyers choose the most efficient appliances that have gone through extensive testing. With the price of LED lighting falling drastically in the last years, now is also a great time to invest in LED bulbs or fixtures in apartment units, common areas, and the exterior of your Appliances & Lighting building. When defining the scope of the lighting retrofit, focus When it comes to selecting efficient appliances and lighting, first on those fixtures that run the longest. A great example is ENERGY STAR is still king. Refrigerators, dishwashers, launa carport space or interior stairwell where lighting may be on dry machines, fans and lighting are all governed by ENERGY 24/7. Spaces that are used infrequently can be the last priority and may be able to be skipped, depending on the existing fixture. In addition to fixture replacement, there may be cases where a simple daylight or occupancy control may make sense. Spaces like laundry rooms, basements, and well-lit corridors are a prime example. With a well-designed lighting scope, I have seen projects save anywhere from 20-50% off their electricity bills. Once a property’s efficiency opportunities have been addressed, it’s time to tackle renewables. Before committing to a system size, consider waiting and D ATE & TIME WEDNESDAY, APRIL 12; 2:00 P.M. - 3:30 P.M. completing another cycle of utility bill SPEAKER Steve Williams, Fried & Williams LLP tracking and thoroughly investigating all PRICE Members: $39; Non-members: $69 opportunities for tax credits and rebates. TOPICS Hoarding Problems, Tenant/Owner Obligations, These steps will help ensure that the Accommodation, Practical Course of Action, and more expected ROI for your investments will be achieved and that a rooftop PV system will be able to fully offset all loads in the building. With all that efficiency work, it’s likely that the size of the potential PV system can be significantly reduced, saving on upfront costs. D ATE & TIME THURSDAY, APRIL 13; 8:00 A.M. - 5:00 P.M. No two buildings are the same, and I NSTRUCTOR Richard MacFarlane, Benchmark Environmental Engineering the pathway I have outlined is just one PRICE Members: $250; Non-members: $350 option for pursuing longer-term capital TOPICS See page 19 for details or go to www.ebrha.com/rrp improvements that integrate energy efficiency and lead to Zero Net Energy. Even if ZNE is not your goal, there are many ways and reasons to consider energy efficiency and renewables when planning D ATE & TIME TUESDAY, APRIL 18; 2:00 P.M. - 3:30 P.M. capital improvements. No matter which SPEAKER Jill Broadhurst, CCRM, EBRHA pathway you decide to take, the first PRICE Members: Free; Non-members: $69 step is to engage an energy consultant. TOPICS Advertising Methods, Rental Criteria, Security Deposits, Denial An expert consultant will break down of Acceptance, and more the scope of work into feasible logical phases, analyze project cash flow, and help navigate the technologies and incenUnless noted, all workshops are held at: tive programs that best meet the needs of 3664 Grand Avenue • Suite B the property, and the property owner. RH

UPCOMING WORKSHOPS

Tackling Challenges of Hoarding Tenants

EBRHA’s Renovation, Repair and Painting Certification Course

Rental Property Owner 103 (RPO 103)

Oakland, CA 94610

TO REGISTER, GO TO EBRHA.COM/EVENTS OR CALL 510-893-9873. PRE-REGISTRATION REQUIRED 18 RENTAL HOUSING

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Rachel Kuykendall is a Senior Program Manager at the Association for Energy Affordability, Inc. specializing in improving energy efficiency in existing multifamily buildings and the creation of zero net energy/net positive projects. She can be reached at rkuykendall@aea.us.org.


EBRHA’s Renovation, Repair & Painting Certification Date: Thursday, April 13 (RSVP required by March 31) Time: 8:00 a.m. - 5:00 p.m. Price: Members: $250; Non-Members: $350 Instructor: Richard MacFarlane, Benchmark Environmental Engineering EBRHA’s EPA-accredited training courses will certify workers as required by law for anyone who disturbs leadcoated surfaces during repair or renovation of pre-1978 housing. The course is designed to train contractors or rental property owners who perform building renovations, repairs or painting, and how to work safely and comply with EPA regulations. The course addresses health concerns, regulations, work procedures, as well as recordkeeping and training non-certified workers. The class consists of a presentation of the new RRP regulations and hands-on student participation. Students must pass an exam at the end of the course with a 70% score.

RSVP Today at ebrha.com/events

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FEATURE

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Simplifying Solar for Apartments Take advantage of the many solar resources available for multifamily buildings. BY ALEXANDRA PATEY

T

he solar craze is nothing new for California homeowners, but has often left renters and apartment building owners left with the question, “What about me?” The Virtual Net Metering Market Development Project, led by the Center for Sustainable Energy (CSE), is aimed at bolstering solar adoption in the multifamily building sector throughout California. Virtual Net Metering is a utility program, offered by Pacific Gas and Electric, which allows for an apartment building owner to install a single solar-electric system that can be shared by the onsite tenants and common-area accounts, resulting in reduced utility bills for all. Logistically, the monthly solar generation is divvied up between the participating tenants and common-area accounts by predetermined percentages, as defined by the property owner, and reflected as a direct kWh credit on everyone’s monthly utility bill.

Toolkits for Step-by-Step Guidance

CSE has developed an online multifamily solar toolkit titled ‘Solar for Apartments’ to serve as a step-by-step guide for apartment building owners and managers to follow when investigating solar for their property. The steps from the toolkit are listed in the chart on page 20. The online solar toolkit provides in-depth information with each of these steps, and can arm an owner with a wealth of information and expectations prior to even contacting a contractor. The toolkit also offers downloadable supporting worksheets for each step to help keep the project organized and documented. Additionally, the toolkit provides guidance for property owners on ebrha.com

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Solar for Apartments A Step-by-Step Guide for Apartment Building Owners

post-installation management tips for monitoring system performance, utility savings, and ways to recoup their investment through tenant rent or other means.

Choosing a Solar Contractor

Choosing a solar contractor for your project can be a daunting task, simply due to the sheer number of options doing business throughout the state. There are guiding principles to help steer consumers through the contractor bidding process, which are included in the solar toolkit, but to make our busy lives a bit simpler, CSE has partnered with EnergySage to develop an online solar marketplace for multifamily property owners. On this site, an apartment building owner or manager will answer some site-specific questions and a pool of pre-screened contractors will compete for your business by submitting solar proposals directly through the online platform. This site has been specifically designed for California’s multifamily sector, a largely untapped market in the solar industry. Visit www. MultifamilySolarCA.com to learn more and request bids today.

Financing Your Solar Project This graphic shows an example of how the monthly solar generation can be diviied out to onsite tenants and common-area accounts.

CSE has developed an online multifamily solar toolkit titled ‘Solar for Apartments’ to serve as a step-by-step guide for apartment building owners and managers to follow when investigating solar for their property. The online solar toolkit provides in-depth information with each of these steps, and can arm an owner with a wealth of information and expectations prior to even contacting a contractor. The steps outlined in the toolkit are as follows: Step 1: Understand your motivations and understand your site Step 2: Determine which tenant will go solar and the building energy load Step 3: Estimate your system size and determine solar allocations Step 4: Review financing options and recoupment methods Step 5: Find a reliable contractor at www.MultifamilySolarCA.com Step 6: Install your system Step 7: Ongoing performance monitoring and project management

Learn more at www.energycenter.org/aptsolar. RH

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There are many benefits to going solar, including: reduced building operating costs; potential for increased property value; eco curb appeal and reduced tenant turnover. There are also a variety of financing options available for multifamily property owners to go solar, including loans, leases, and Power Purchase Agreements (PPA). A loan is typically a flat monthly fee for a 20-year duration. A PPA also, typically, lasts for 20-years, and is a set cost per kWh produced by the solar, paid monthly to the PPA provider. There are unique loan programs designed for renewable energy and efficiency applications, specifically, one of which is named the Property Assessed Clean Energy (PACE) program. A PACE loan is based on the value of the property, and is repaid through the property tax bill, which is typically paid on a biannual or annual basis. If the property is sold, the loan remains with the property and is transferred to the new owner. Visit www. energycenter.org/PACE to find a list of local PACE providers who may be able to serve your needs.


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UPCOMING EVENTS Oakland Rent Board Roundtable D ATE & TIME M ODERATOR PRICE TOPICS

TUESDAY, APRIL 4; 10:00 A.M. - 11:00 A.M. Jill Broadhurst, CCRM, EBRHA Free to members only An informal discussion on Oakland rent board hearings

Membership Meeting D ATE & TIME SATURDAY, APRIL 15; 10:00 A.M. - NOON PRICE Free to Members Only TOPICS Topic & Speaker TBD Legal Q&A — Alan Horwitz, Law Offices of Alan Horwitz

Economic & Legislative Forum D ATE & TIME THURSDAY, APRIL 20; 8:30 A.M. - 11:00 A.M. PRICE EBRHA Members – $29 by April 7 ($49 after April 7) Non-member Price: $69 AGENDA 8:30 am – 9:00 am — Networking and Breakfast 9:00 am – 9:15 am — Welcome, Wayne Rowland & Jill Broadhurst 9:15 am – 10:00 am: Economic Forecast, Mark Lipsett 10:00 am – 11:00 am: Legislative Landscape, Ron Kingston DETAILS See flyer on page 3 or back cover for more details

Small Property Owners Roundtable D ATE & TIME M ODERATOR PRICE TOPICS

THURSDAY, APRIL 27; 10:00 A.M. - 11:00 A.M. Jill Broadhurst, CCRM, EBRHA Free to members only An informal discussion on management issues and solutions

If the system is purchased with cash or through a loan, the owner could also be entitled to the Federal Tax Credit which equates to 30% of the system cost in the form of a credit on federal taxes. Visit www.dsireusa.org to learn more about local, state, and national renewable energy incentives and rebates.

Emerging Multifamily Solar Business Models

If you find yourself intrigued by the idea of solar for your building and tenants, but concerned about the logistics and management obligations, do not fear. The Bay Area is renowned for innovative business models, which holds true for the solar industry, too. A clever multifamily solar model is emerging that offers a unique value proposition for property owners: roof rental income. EcoVolt Solar, one of a few companies offering this budding model, describes this approach as a win-win for tenants and property owners. EcoVolt Solar will rent the roof from the owner for the purpose of installing solar, secure participation from the onsite tenants (common area accounts can be included, too), work with PG&E to have solar credits applied to each monthly utility bill, as well as set up an automatic monthly collections process, making it a true win-win situation. Tenants will see reduced utility bills from PG&E, and property owners will see a reduced common area bill and receive a monthly roof lease payment. Electric Trees is another Bay Area company who offers a similar roof-lease model and also offers electric-vehicle charging station integration.

Resources Are Available Unless noted, all events are held at:

3664 Grand Avenue • Suite B Oakland, CA 94610

TO REGISTER, GO TO EBRHA.COM/EVENTS OR CALL 510-893-9873. PRE-REGISTRATION REQUIRED 24 RENTAL HOUSING

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In conclusion, there are many resources available to spur more solar adoption in the multifamily sector. Visit the solar toolkit and online solar marketplace to begin the search. CSE will also be hosting statewide workshops during 2017, so sign up on our website to stay informed and receive periodic updates about upcoming events and project findings. RH Alexandra Patey is a Project Manager with the Center for Sustainable Energy, and has been with the company since 2012. She can be reached at alexandra.patey@energycenter.org.


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FEATURE

Property Williamson here) with CWP Property Management Company coordinated the 26Manager RENTALNicole HOUSING 2017 | ebrha.com | APRIL(pictured bid process and worked with tenants to minimize disruption during construction. Photo courtesy of StopWaste.


Environmental Stewardship How one East Bay property owner is carrying on a family tradition. BY CANDIS MARY-DAUPHIN

A

Hilma Wikander Jones, the owner of a 14 unit apartment complex in San Leandro, recently embarked upon an energy efficiency improvement project at her property. For Hilma, as for any small business owner, improving the bottom line and keeping an eye on operating costs are important considerations when making any business decision. However, profitability was not the only reason she decided to take on this efficiency upgrade project. The project was also in line with her mission to provide her tenants with a clean, safe, and energy efficient place to live. This management philosophy was passed down to Hilma from her father, who was also a residential rental property owner. “My father served in the military during WWII, and saved all his pay to invest in his first income property – a duplex in Berkeley,” explains Hilma. He lived with Hilma’s mother in the downstairs unit while remodeling the upstairs unit. The duplex was also Hilma’s first home. Her father was an electrician on board a ship, then a carpenter, and then a contractor. On weekends and on rainy days when he could not work as a carpenter, he would remodel his investment properties. Over the years, Hilma’s parents traded up to larger

apartment buildings, remodeling every unit along the way. Their growth model was expansion through sweat equity.

A Family Business

Growing up, Hilma and her three brothers helped out their parents with property operational duties and upkeep. One weekly task assigned to her and her brothers was to put out the apartment garbage cans for pickup. She remembers being impressed by the huge amount of waste generated at multifamily properties. Her father addressed this problem by providing receptacles for newspaper and bottles—this was before recycling was institutionalized. Hilma’s parents strongly believed in integrating energy efficiency into their investments long before efficiency became a buzzword. Hilma can still hear the voice of her father saying, “Why insulate to R19 when you could put in R30?” And nearly 25 years ago, he added a solar hot water system to his 26-unit apartment building which was designed and installed by Hilma’s brother, Eric Wikander. When the building, located one block from the UC Berkeley campus sold many years later, all of the work

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vinyl, attic and crawl space insulation, a water heater recirculation pump, and hot water pipe insulation. With this upgrade scope, the whole building is expected to save an estimated 19.9% of its current energy usage. Although some of the windows at the property were already dual pane, 80% of the buildings windows and sliders were single metal frame. Single metal frame glazing allows for significant air infiltration and energy loss, which diminishes unit comfort and increases energy usage for temperature regulation. The new dual pane vinyl windows and sliders reduce unwanted air filtration and improve health and safety through moisture prevention, improved window function, and greater occupant comfort. This upgrade will also provide savings on maintenance costs, as moisture issues related to windows is a common reason for maintenance calls for this type and age of building. The attic was completely uninsulated when Hilma purchased the building. Lack of insulation is a major source of energy loss, as it allows for significant air between the conditioned upstairs units and the unconditioned attic. By the end of her upgrade project, the attic was insulated to R-38—which corresponds to roughly twelve inches of pre-settled cellulose insulation. The floor was also insulated through the crawlspace. The building’s condensing domestic hot water system is located in the central laundry room. It’s equipped with a recirculation pump, which moves hot water throughout the building, even when there is no need for it. No controls were on the system, resulting in the pump running 24/7. It’s typically not necessary to continuously run a recirculation pump in order to meet hot water demand, and putting controls on a hot water recirculation pump can be a tremendous energy saver. Hilma went with her consultant’s advice and installed a variable frequency drive (VFD) pump, which only runs on the speed necessary to maintain a certain temperature on the return water line. Hilma’s consultants also brought to her attention that the hot water piping at the central domestic hot water unit was uninsulated. Uninsulated piping loses heat to the surrounding environment, leading to additional water heater run time, and cooler water temperatures delivered to the units. The exposed piping at the water heater was insulated as part of the upgrade.

“Hilma plans to go back to the program’s experts for guidance as she continues to carry out her mission and forge ahead on the pathway toward achieving greater sustainability.” and energy upgrades that were made added tremendous value to the building and the property inspection report came back clean!

Following Her Father’s Footsteps

When that building sold, Hilma followed in her father’s footsteps, and used her portion of the proceeds to purchase a 14-unit fixer upper in San Leandro. The building was originally constructed in 1959. The unit kitchens had Wedgewood gas stoves with pipes venting into the wall, multicolored tile countertops, and original cabinets. While embodying a certain charm, the units would have had no appeal to the typical prospective tenant, and the equipment and appliances were enormously inefficient. Upon acquiring the property, Hilma’s priority was clear—to complete a seismic retrofit. Even though it is not yet required for this building in the city of San Leandro, it was important to her to do all she could to make the property seismically sound. When this project was complete, Hilma’s next priority was to get to work on improving the efficiency and the aesthetics of her building. Her property management company suggested that she consider replacing the single-pane windows with dual pane. As she was exploring this project, she received a mailing through her management company, which was a flyer describing an energy efficiency consulting and rebate program for multifamily properties through the Bay Area Regional Energy Network. It included an invitation to an informational workshop in Oakland. Hilma signed up right away. It was easy for her to see how the program would fit her needs.

The Consultation

Following the workshop, she enrolled to receive no-cost energy and water efficiency consulting without hesitation. She was assigned a consultant that worked with her through a series of phone conversations and a site visit to develop energy and water savings recommendations customized for her building. The energy survey report that the consultants provided following the building assessment provided Hilma and her property manager with a scope of work to get started on immediately, as well as a road map to follow for continuing energy improvements as units become available for remodel.

Cost Breakdown

Energy Improvements

Other Simple Upgrades

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When comparing the December 2015 common area and central systems electricity and gas bill to last December’s bill, Hilma noticed a reduction in cost of 19%. In addition to a free building assessment, Hilma received $8,250 in incentives to help cover her project’s costs, which came out to $34,000. The majority of the costs are associated with the new dual pane vinyl windows and sliding glass doors that Hilma decided to install, which carried a $24,000 price tag, but have also drastically improved the appearance and comfort of her building.

There were additional recommendations brought up by the consultant that Hilma plans to address as units turn over. These


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Take Advantage of Services & Rebates

in-unit upgrades include upgrading lighting by installing LED lamps and fixtures, low-flow showerheads and faucet aerators, ultra-high efficiency toilets, and updating the wall furnaces. Hilma found the consultant’s report extremely helpful. “The study helped us understand the issues with our building, and then prioritize improvements—even beyond the scope of the program,” she expressed. Once Hilma decided upon her scope of work, and her projects went out to bid, her consultant worked with her to review each proposal and ensure the program requirements for the rebate were met.

Encouraging Green Living

The Bay Area Multifamily Building Enhancements (“BAMBE”) program provides rebates of $750 per apartment or condominium unit for buildings with five or more attached dwelling units located in the Bay Area. It also offers free expert consulting to help owners evaluate the energy and water efficiency upgrades best suited to their buildings. And it allows property owners to use their own contractors to do the work. Demand for the program’s rebates has been strong since it launched in 2013. By year end 2016, incentives were issued to 319 multifamily properties, representing over 20,000 units. Energy use in those buildings dropped by an average of 16% thanks to enhancements such as more efficient furnaces and water heaters, new windows, added insulation, water conservation devices, and energy-saving appliances and lighting. To learn more about the Bay Area Multifamily Building Enhancements program, including workshops, information about other properties that have earned rebates, visit bayareamultifamily.org, email multifamily@bayren.org or call (855) 213-2838. Homeowners and owners of multifamily properties with less than 5 units can also receive rebates for energy efficiency improvements through Home Upgrade and Advanced Home Upgrade. For more information about Home Upgrade and Advanced Home Upgrade, visit BayAreaEnergyUpgrade.org or call 866-878-6008 to speak to a Home Upgrade Advisor. RH

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For Hilma, communicating the benefits of the upgrades to her tenants was a necessary part of the project. Following the completion of her project, she provided all new tenants with a heavy duty cloth shopping bag containing a letter that outlined the energy efficient upgrades to their units, along with walking maps to shopping, the library, and the farmers’ market. Hilma believes that tenants appreciate when building owners provide simple ways to encourage green living. What’s next for the property? In 2018 the property will need a new roof. Hilma hopes to install enough solar PV to meet the building’s electricity demand, and possibly install a charging station for the electric cars of future tenants. The Governor has set out a goal to increase the level of electric vehicles to 1.5 million by 2020, and the California Building Code mandates that new residential developments with more than sixteen units provide charging for 3% of its parking spaces. Hilma’s got her eyes toward the future, and wants to meet the inevitable increased demand for EV charging infrastructure. She plans to go back to the program’s experts for guidance as she continues to carry out her mission and forge ahead on the pathway toward achieving greater sustainability. RH

Candis Mary-Dauphin works at StopWaste – one of nine agencies that make up the Bay Area Regional Energy Network (BayREN). She can be reached at cmary-dauphin@stopwaste.org.


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esq. & a

Left Behind

What is the procedure for disposing of a tenant’s belonging after they move out? BY VARIOUS AUTHORS

Q

After our tenant had officially moved out, there was still a considerable amount of his belongings in the unit. Can I still take possession of the unit? Is it legal for me to donate his belongings?

A

Yes, you can still take possession of the unit, and yes, it is legal for you to donate his belongings – but only after you comply with certain legal requirements. The disposition of personal property left behind after a tenancy has terminated and the premises have been vacated is governed by Code of Civil Procedure sections 1980 through 1991. You can take possession of the unit when you have a reasonable belief that the former tenant has vacated. After taking possession of the unit, you must give written notice to the tenant and 32 RENTAL HOUSING

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where the belongings may be claimed, and the last date for claiming the belongings. The last date must be 15 or more days after the notice is personally delivered to the former tenant or other owner, or at least 18 days after the notice is mailed to the person’s last known address. If the notice is mailed to the former tenant, one copy must be sent to the premises vacated by the tenant or, if the former tenant provided an email address, the owner may also send the notice by email. Code of Civil Procedure section 1984 provides a form designed to meet the requirements of the written notice. If the belongings are claimed by the deadline, you must release them to the former tenant or owner if they pay the reasonable cost of storage. You cannot charge for storage if the belongings remained in the dwelling and were claimed within two days of the vacate date. If the belongings are not claimed by the deadline and are believed to be worth less than $700, they may be kept, sold, or destroyed without further notice. Donating them is presumed acceptable a well. If the belongings are worth $700 or more and the notice stated they would be sold at a public sale, you must still release them to the tenant in exchange for the storage cost if they are claimed before the sale. Otherwise, the belongings shall be sold at a public sale by competitive bidding, with notice published in a general circulation newspaper. The proceedings after deducting storage and sale costs shall be paid to the county treasurer and may be claimed by the former tenant or owner within one year of the date of payment to the county.

anyone else you believe is an owner of the personal belongings left in the unit. The written notice must describe the belongings in sufficient detail to permit —DAVID SEMEL the owner of the belongings to identify them—but you do not have to describe My current tenant wants to belongings to which you do not have break her lease agreement six access, such as anything stored in a months early. She has explained that locked or fasted trunk, box, or other she has another proposed occupant container. that will take over the lease. Do I have You must store the belongings with to allow this? Can I screen the proreasonable care but are not liable for any posed tenant to proploss not caused by your “If the belongings erly qualify them? If deliberate or negligent are not claimed by so, should I return the act. The written notice the deadline and are security deposit and must advise the former believed to be worth collect a new one? tenant or other owner of less than $700, they the belongings that stormay be kept, sold, or Early termination age costs may be charged destroyed without and sub-leasing before the belongings are further notice.” issues depend on the recovered, the address

Q

A

PHOTO: PAUL WILKINSON / CC BY 2.0

COLUMN


LEFTOVERS?

Pass Them On. Or Come Shop. Tenants leave things? We receive discards and sell them for reuse. No promises before seeing. We also pick up. 3 acres, well organized.

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LEGISLATIVE DAY

APRIL 5, 2017 IN SACRAMENTO Spend the day in Sacramento learning about bills, meeting with legislators and their staff, while sharing our concerns and educating policy makers on the intricacies and realities of our industry. Meet other CalRHA partner association members and learn about issues in the state. RSVP for a special seat at this annual table. Training along with an application is required.

REGISTRATION NOW CLOSED. THANKS TO ALL PARTICIPATING EBRHA MEMBERS! ebrha.com

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MAISEL PROPERTY MANAGEMENT, Inc. Serving Oakland • Level of service and fees tailored to your needs. • We can locate qualified tenants for your vacancies. 5942 MacArthur Blvd. • Experienced with Section 8 tenants. Oakland, CA 94605 • Over 35 years of experience. • Residential-Property Management in Oakland.

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actual text in the rental agreement. When a tenant vacates a lease early in residential properties and commercial properties alike, the owner must make an earnest attempt to relet the property to mitigate their damages. The damages allowed are the amount of rent from the termination of the tenancy until the place is relet and other damages directly and indirectly caused from the breach of contract. The owner must stay reasonable and earnestly try to relet the premises. An owner generally has no obligation to accept a sub-tenancy, but again, the rental agreement should state the process by which an owner would hypothetically accept or reject a sub-tenant. The agreement also should provide from whom an owner can seek non-payment of rent. In sub-tenancy situations, an owner could hypothetically go after the lessee and the sub-lessee for back rent (the legal concepts of privity of contract and privity of estate). I would recommend the following course of action: 1) Get some written statement from the tenant that they will be terminating the lease on a certain date; 2) Give the tenant the option to request and attend an inspection of the premises for their security deposit (CC §1950.5(f)); 3) Give the tenant an itemized report concerning their deposit based on physical inspection which reserves the right to hold the deposit pending re-letting the premises and an evaluation of reasonable damages; 4) Earnestly attempt to relet the premises and look at the tenant’s candidate; 5) Get a new agreement and a new deposit from the new tenant. The best thing you can do is keep a current valid contract directly between you and the new tenant, account for your damages (photos, receipts, etc.), and act reasonably. Even though a tenant moves out early, the owner is still bound to act in good faith and to mitigate damages. —JOHN (J.R.) RICHARDS RH

The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. David Semel is an attorney with Fried & Williams LLP and can be reached at 510-625-0100 or dsemel@ friedwilliams.com. John Richards is an attorney with Richards Law and can be reached at 925231-8104 or jrichards@richards-legal.com. 34 RENTAL HOUSING

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community calendar EVENTS & CLASSES

april

may

TUESDAY, APRIL 4 Oakland Rent Board Roundtable An informal discussion on rent board hearings Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only, 10:00 a.m. - 11:00 a.m.

THURSDAY, MAY 4 Oakland Rent Board Roundtable An informal discussion on rent board hearings Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only, 10:00 a.m. - 11:00 a.m.

WEDNESDAY, APRIL 12 Tackling the Challenges of a Hoarding Tenant Presented by Steve Williams, Fried & Williams LLP Members: $39; Non- Members: $69 2:00 p.m. - 3:30 p.m.

TUESDAY, MAY 9 Top Insurance Coverage for Property Owners Presented by Curt Bulloch, Bulloch Insurance Brokers Inc. Members: Free; Non-Members: $69 2:00 p.m. - 3:30 p.m.

THURSDAY, APRIL 13 Renovation, Repair and Painting Certification Course This EPA-accredited training course will certify workers as required under the new law for anyone who disturbs leadcoated surfaces during repair or renovation of pre-1978 housing. Training by Benchmark Environmental.

THURSDAY, MAY 11 Protect Your Property From Mold Presented by Howard Oliver, Green Home Solutions of the East Bay Members: $39; Non-Members: $69 6:00 p.m. - 7:30 p.m.

This 8 hour course was designed to train contractors who perform building renovations or repairs or painting and how to work safely and comply with the EPA regulations. The course addresses health concerns, regulations, before, during and after work procedures and well a recordkeeping and training non-certified workers. The class consists of a point presentation of the new RRP regulations and hands on student participation. There is an exam at the end of the course and students must pass at 70%. Members: $250; Non-Members: $350 8:00 a.m. - 5:00 p.m. SATURDAY, APRIL 15 EBRHA Member Meeting • Topic & Speaker TBD • Legal Q&A—Alan Horwitz, Law Offices of Alan Horwitz 10:00 a.m. - Noon TUESDAY, APRIL 18 Rental Property Owner 103 (RPO 103) Presented by Jill Broadhurst, CCRM, EBRHA Members: Free; Non-Members: $69 2:00 p.m. - 3:30 p.m. THURSDAY, APRIL 20 Economic & Legislative Forum Lake Chalet, 1520 Lakeside Drive, Oakland Given current supply challenges and local rent policies, what is the outlook? Will demand continue to outpace supply? How can owners protect themselves from inevitable downturns and adverse legislation? Discover this and more from industry experts. See page 3 or back cover for more details.

THURSDAY, MAY 18 Rental Property Owner 104 (RPO 104) Presented by Jill Broadhurst, CCRM, EBRHA Members: Free; Non-Members: $69 2:00 p.m. - 3:30 p.m. SATURDAY, MAY 20 EBRHA Member Meeting • Solar for Apartments: Current Strategies—Ricky Chu, Sunvalley Solar Inc. • Legal Q&A—Speaker TBD 10:00 a.m. - Noon WEDNESDAY, MAY 24 Lunch-n-Learn: Cybersecurity Presented by Terry Allen, CFP®, AWMASM, Enhance Wealth Advisors Members: $20 12:00 p.m. - 1:30 p.m. THURSDAY, MAY 25 Addressing Pest Infestations in Your Rental Units Presented by Tami Stuparich, California American Exterminator Members: $39; Non-Members: $69 2:00 p.m. - 3:30 p.m. WEDNESDAY, MAY 31 Small Property Owners Roundtable An informal discussion on management issues and solutions Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only, 10:00 a.m. - 11:00 a.m.

Earlybird Member Price: $29 ($49 after April 7) Non-Member Price: $69 8:30 a.m. - 11:00 a.m. THURSDAY, APRIL 27 Small Property Owners Roundtable An informal discussion on management issues and solutions Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only, 10:00 a.m. - 11:00 a.m.

No Refunds on no shows; Online advanced registration required! To register and pay, visit ebrha.com/calendar or call (510) 893-9873. Unless noted, all classes and events are held at the EBRHA Education Center, 3664 Grand Ave., Suite B in Oakland. 36 RENTAL HOUSING

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Oakland RENT ADJUSTMENT PROGRAM FEE

UPDATE: Annual fees are $68 per unit and are due March 1. Owners are allowed to pass through $34 to tenants. BUSINESS TAXES & REGISTRATION

Registration fee is $60 and is due March 1. Tax is based on annual gross rental income at a rate of $13.95 per $1,000 of gross rental income. Tax renewal declarations are mailed at the beginning of the year. Online payments accepted at

www.ltss.oaklandnet.com LANDLORD PETITION FOR EXEMPTIONS

Claims covered include new construction, substantial rehabilitation, and single-family homes or condominiums.

ANNUAL ALLOWABLE RENT INCREASE

2016-17 (2.0%) A CPI increase of 2.0% becomes effective on July 1, 2016. Tenants may only receive one increase in any 12-month period, and the rent increase cannot take effect earlier than the tenant’s anniversary date. In addition, California law requires that for tenancies receiving greater than a 10% increase, a 60-day notice is required; if the increase is 10% or less, a 30-day notice is required. Owners can only impose “banked” rent increases equal to three times the current annual allowable rent increase rate. See schedule at right.

PERI OD

AM O U N T ( % )

JULY 1 ‘16 - JUNE 30 ‘17 . . . . . . . . . 2.0 JULY 1 ‘15 - JUNE 30 ‘16 . . . . . . . . . 1.7 JULY 1 ‘14 - JUNE 30 ‘15 . . . . . . . . . 1.9 JULY 1 ‘13 - JUNE 30 ‘14 . . . . . . . . . 2.1 JULY 1 ‘12 - JUNE 30 ‘13 . . . . . . . . . 3.0 JULY 1 ‘11 - JUNE 30 ‘12 . . . . . . . . . 2.0 JULY 1 ‘10 - JUNE 30 ‘11 . . . . . . . . . 2.7 JULY 1 ‘09 - JUNE 30 ‘10 . . . . . . . . . 0.7 JULY 1 ‘08 - JUNE 30 ‘09 . . . . . . . . . 3.2 JULY 1 ‘07 - JUNE 30 ‘08 . . . . . . . . . 3.3 MAY 1 ‘06 - JUNE 30 ‘07. . . . . . . . . . 3.3 MAY 1 ‘05 - MAY 30 ‘06 . . . . . . . . . . 1.9 Visit www.ebrha.com/members to see previous adjustments.

CAPITAL IMPROVEMENTS INCREASE FORMULA

FOR FURTHER INFORMATION CONTACT:

(70 % of Improvement Costs ÷ Number of Units)

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

Useful Life of Improvement* *REFER TO ORDINANCE FOR NOTICING, QUALIFICATIONS AND AMORTIZATION PERIODS. SEE USEFUL LIFE CHART ON CITY OF OAKLAND WEBSITE.

Berkeley RENT STABILIZATION BOARD FEES

Annual fees are $213 per unit and are due July 1. Owners are allowed to pass through $4 to tenants. RATES OF ANNUAL PAYMENT OF SECURITY DEPOSIT INTEREST P E R I OD A MO UN T FEDERAL RESERVE RATES

DEC. 2014. . . . . . . . . . . . . . . . . . . . . N/A DEC. 2013. . . . . . . . . . . . . . . . . . . 0.3% DEC. 2012. . . . . . . . . . . . . . . . . . . 0.5% DEC. 2011. . . . . 0.4% (CORRECTED 11/3/2011) DEC. 2010. . . . . . . . . . . . . . . . . . . 0.4% DEC. 2009. . . . . . . . . . . . . . . . . . . 1.1% DEC. 2008. . . . . . . . . . . . . . . . . . . 3.4% DEC. 2007. . . . . . . . . . . . . . . . . . . 5.3% DEC. 2006. . . . . . . . . . . . . . . . . . . 5.1% DEC. 2005. . . . . . . . . . . . . . . . . . . 3.4%

ANNUAL ALLOWABLE RENT INCREASE

2017 (1.8%) PERI OD AM O U N T

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. Visit www.ebrha.com/members to see previous adjustments.

2016. . . . . . . . . . . . . . . . . . . . . . . . 1.5% 2015. . . . . . . . . . . . . . . . . . . . . . . . 2.0% 2014. . . . . . . . . . . . . . . . . . . . . . . . 1.7% 2013. . . . . . . . . . . . . . . . . . . . . . . . 1.7% 2012. . . . . . . . . . . . . . . . . . . . . . . . 1.6% 2011. . . . . . . . . . . . . . . . . . . . . . . . 0.7% 2010. . . . . . . . . . . . . . . . . . . . . . . . 0.1% 2009. . . . . . . . . . . . . . . . . . . . . . . . 2.7% 2008. . . . . . . . . . . . . . . . . . . . . . . . 2.2% 2007. . . . . . . . . . . . . . . . . . . . . . . . 2.6% 2006. . . . . . . . . . . . . . . . . . . . . . . . 0.7% 2005. . . . . . . . . . . . . . . . . . . . . . . . 0.9% 2004. . . . . . . . . . . . . . . . . . . 1.5%, + $3 (1% + $3 IF TENANCY CREATED AFTER JAN. 1999) *ADDITIONAL ADJUSTMENTS ARE ALLOWED IF AN OWNER PAID FOR ELECTRICITY OR HEAT.

BERKELEY RATES

FOR FURTHER INFORMATION CONTACT:

DEC. 2014. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2013. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2012. . . . . . . . . . . . . . . . . . . 0.2% DEC. 2011. . . . . . . . . . . . . . . . . . . 0.3%

Berkeley Rent Board 2125 Milvia Street Berkeley, CA 94704 510.981.7368 | www.ci.berkeley.ca.us/rent ebrha.com

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vendor directory — CONTACTS, PRODUCTS & SERVICES Law Offices of Brent Kernan Brent Kernan | 510-712-2900 bkernan@aol.com

ACCOUNTING & TAX

Collins, Mason & Company LLP Teresa Mason | 510-891-9000 www.cmcaccountants.com The Lee Accountancy Group, Inc. Jong H. Lee, CPA | 510-836-7400 jhlee@theleeaccountancy.com Martin Friedrich, CPA 510-895-8310 www.besttaxcpa.com

Law Offices of Elaine Lee Elaine Lee | 510-848-9528 www.elaineleeattorney.com Richards Law John Richards | 925-231-8104 www.richards-legal.com The Evictors Alan J. Horwitz | 510-839-2074

APPLIANCE SALES & PARTS

The Shepherd Law Group Michael Shepherd | 510-531-0129 www.theshepherdlawgroup.com

Appliance Parts Distributor Mike De Fazio | 510-357-8200 www.apdappliance.com Appliance Warehouse of America David Jepsen | 510-921-1071 www.appliancewhse.com APPRAISERS

Access Appraisal: Apartment Specialists Joe Spallone, MAI | 510-601-1466 www.accessappraisal.com Mark Watts Commercial Appraiser Mark A. Watts | 415-990-0025 www.markwattscommercialappraisal.com ARCHITECTURE

InsideOut Design Pennell Phillips | 510-655-1198 www.aboutinsideout.com

Zacks, Freedman & Patterson, PC Lisa Padilla | 415-956-8100 www.zfplaw.com ATTORNEYS — LAND USE/CONDO CONVERSION

Law Offices of Bill Ford Bill Ford | 415-306-7840 www.billfordlaw.com Law Offices of John Gutierrez John Gutierrez | 510-647-0600, x2 www.jgutierrezlaw.com Richards Law John Richards | 925-231-8104 www.richards-legal.com Zacks, Freedman & Patterson, PC Lisa Padilla | 415-956-8100 www.zfplaw.com

ASSOCIATIONS

BOMA Oakland/East Bay Julie Taylor, CAE | 510-893-8780 www.bomaoeb.org

ATTORNEYS — REAL ESTATE/CORP.

Beckman Blair LLP Oakland/Berkeley Association of Realtors Nancy Ly | 415-871-0070 Davina Lara | 510-836-3000 www.beckmanblairllp.com oaklandberkeleyaor.com Burnham Brown Oakland Chamber of Commerce Charles Alfonzo | 510-835-6825 Barbara Leslie | 510-874-4808 www.burnhambrown.com www.oaklandchamber.com Ericksen Arbuthnot ATTORNEYS — EVICTIONS/PROPERTY Jason Mauck | 510-832-7770 OWNER DEFENSE www.ericksenarbuthnot.com Beckman Blair LLP Nancy Ly | 415-871-0070 www.beckmanblairllp.com

Fried & Williams LLP Clifford Fried | 510-625-0100 www.friedwilliams.com

Bornstein Law Daniel Bornstein | 510-836-0110, x1007 www.bornsteinandbornstein.com

Harding Legal Elva Harding | 415-967-7570 www.edhlegal.com

Burnham Brown Charles Alfonzo | 510-835-6825 www.burnhambrown.com

Jack Schwartz, Attorney at Law Jack Schwartz | 650-863-5823 jwsjr1220@comcast.net

Ericksen Arbuthnot Jason Mauck | 510-832-7770 www.ericksenarbuthnot.com

Law Offices of Bill Ford Bill Ford | 415-306-7840 www.billfordlaw.com

Fried & Williams LLP Clifford Fried | 510-625-0100 www.friedwilliams.com

Law Offices of John Gutierrez John Gutierrez | 510-647-0600, x2 www.jgutierrezlaw.com

Law Offices of Bill Ford Bill Ford | 415-306-7840 www.billfordlaw.com

Miller Property Law Inga Miller | 925-402-2192 www.millerpropertylaw.com

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Richards Law John Richards | 925-231-8104 www.richards-legal.com Zacks, Freedman & Patterson, PC Lisa Padilla | 415-956-8100 www.zfplaw.com BANKING/LENDING

Chase Commercial Josh Milnes | 510-891-4545 josh.milnes@chase.com Chase Commercial Ted Levenson | 415-945-5430 ted.levenson@chase.com First Foundation Bank Michelle Li | 510-250-8133 www.ff-inc.com Luther Burbank Savings Larry Miller | 925-627-2790 www.lutherburbanksavings.com Pacific Western Bank Marc Lipsett | 510-332-6964 www.pacificwesternbank.com SF Fire Credit Union Herman White, Jr. | 415-674-4808 www.sffirecu.org Torrey Pines Bank Dale Marie Golden | 510-899-7536 dgolden@torreypinesbank.com BATHROOM/KITCHEN REMODELING & BUILDING SUPPLIES

American Bath Enterprises, Inc. Larry Arcadi | 510-785-2600 www.americanbathind.com APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com Ashby Lumber Paul Heiser | 510-843-4832 www.ashbylumber.com D.W. Hamilton Construction, Inc. D.W. Hamilton | 510-919-0046 www.dwhamiltonconstruction.com Home Depot Allan Jocson | 510-375-5237 www.homedepot.com KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com Sincere Home Decor Hei Chan | 510-835-9988 www.sincerehomedecor.com SGK Home Solutions Vladmir Merabian | 408-264-6964 www.sgkhomesolutions.com Urban Ore Marylou Van | 510-841-7283 www.urbanore.com CABINET DOOR RESURFACING

Northern Contours Charlene Hall | 866-344-8132 www.northerncontours.com


vendor directory CARPET CLEANING

Cleaner Carpets Ron Russell | 510-522-1344 cleanercarpet@juno.com CONCRETE

Mauri Concrete Construction Co. Marcelo Mauri | 510-541-5260 www.mauriconcrete.com CONSTRUCTION

A-One Construction Eva Morrissey | 510-347-5400 www.a-oneconstruction.com APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com City Construction Janet Aranda | 800-799-0234 www.cityconstruction.us D.W. Hamilton Construction, Inc. D.W. Hamilton | 510-919-0046 www.dwhamiltonconstruction.com KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com Reedco Building Innovations Beth Wilson | 510-283-5257 www.reedcobuilding.com Servpro of Lafayette/Moraga/Orinda Jenny Villena | 925-299-1323 servpro9542@sbcglobal.net SpottCheck Consulting Susan Spott | 510-816-1452 www.spottcheck.com W. Charles Perry & Associates W. Charles Perry | 650-638-9546 www.wcharlesperry.com West Coast Premier Construction, Inc. Homy Sikaroudi | 510-271-0950 www.wcpc-inc.com CONTRACTORS/RESTORATION

ARC Water Damage Nina Lauffer 510-223-1279 or 877-437-9225 (toll free) www.bayareafloodrepair.com Emergency Services Restoration Maria Perez | 800-577-7537 www.esr24.com Har-Bro Restoration Inc. Sonia Fuetsch | 650-670-2364 www.harbro.com P.W. Stephens Environmental Jackie Mezeul | 510-651-9506 www.pwsei.com Servpro of Lafayette/Moraga/Orinda Jenny Villena | 925-299-1323 servpro9542@sbcglobal.net DOORS & GATES

Bay to Bay Garage Doors Robert Bruce | 925-872-5324 www.baytobaygaragedoors.com

R & S Overhead Garage Door Sean Boatright | 510-483-9700, x14 www.rsdoors.com SGK Home Solutions Vladmir Merabian | 408-264-6964 www.sgkhomesolutions.com ELECTRIC VEHICLE CHARGING

NRG EVgo Mehr Kouhkan | 310-954-2930 www.nrgevgo.com ELECTRICIANS

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 FINANCIAL PLANNING

Enhance Wealth Advisors Terry Allen, CFP®, AWMA SM 925-932-8609 info@enhancewa.com FIRE PROTECTION

Detect All Security & Fire Amy Roither | 510-835-4100 www.detectall.com FLOOR COVERINGS

Bay Area Contract Carpets, Inc. Ken Scott | 510-613-0300 www.bayareacontractcarpets.com GOVERNMENT AGENCIES

Oakland Housing Authority Leased Housing | 510-874-1500 www.oakha.org HANDYMAN SERVICES

HEATING & AIR CONDITIONING

Albert Nahman Plumbing & Heating Albert Nahman | 510-843-6904 www.albertnahmanplumbing.com San Francisco Heating and Cooling Pablo Richards | 415-286-2540 sfheatingandcooling@yahoo.com HOUSING SERVICES

Hamilton Family Center – First Avenues Mayo Lunt | 510-763-8540 www.hamiltonfamilycenter.org HUMAN RESOURCES MANAGEMENT

Avitus Group Lance Harris | 925-827-0680 www.avitusgroup.com INDOOR AIR QUALITY/MOLD & ODOR REMOVAL

ECS Group, Inc. Shawn Rau | 707-732-3370 shawn@ecsgroup.net Green Home Solutions Alameda (East Bay) Howard Oliver | 510-666-6711 www.ghsnorcal.com INSPECTIONS

ECS Group, Inc. Shawn Rau | 707-732-3370 shawn@ecsgroup.net SpottCheck Consulting Susan Spott | 510-816-1452 www.spottcheck.com INSURANCE

Bulloch Insurance Brokers, Inc. Curt Bulloch | 925-640-0485 www.curtbulloch.com Commercial Coverage Insurance Paul Tradelius | 415-436-9800 www.comcov.com

APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com

Gordon Insurance Pamela Hutchins | 877-877-7755 www.gordoninsurance.com

Christopher Simmons 510-776-2697 c2thejay44@gmail.com

The Greenspan Co./Adjusters Int’l. Rich Hallock | 866-331-4790 www.greenspan-ai.com

Halcyon Properties Roger Shane | 510-847-7075 rbshane@aol.com

Jain L. Williams - State Farm Insurance Jain L. Williams | 510-530-3222 www.jainwilliams.com

KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com

Kelly Lux – State Farm Insurance Kelly Lux | 510-521-1222 Kelly.lux.gjcg@statefarm.com

Start to Finish Christopher Bailey | 510-727-9128 cpmbailey@sbcglobal.net

Ruth Stroup Insurance Agency Ruth Stroup | 510-874-5700 www.stroupinsurance.com

HAULING SERVICES

KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com Urban Ore Marylou Van | 510-841-7283 www.urbanore.com

Yonas Hagos - Farmers Insurance Yonas Hagos | 510-763-1030 www.farmersagent.com/yhagos INTERCOMS & ACCESS CONTROLS

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

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vendor directory INVESTMENT OPPORTUNITIES

PLUMBING/WATER HEATERS

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

CSC ServiceWorks Stacy Weaver | 800-954-9000 x54313 www.cscsw.com Excalibur Laundries Richard Lisowski | 510-872-1664 www.excaliburlaundries.com

Albert Nahman Plumbing & Heating Albert Nahman | 510-843-6904 www.albertnahmanplumbing.com Fast Water Heater Company Michael Kirk | 866-465-7442 www.fastwaterheater.com L. J. Kruse Co. Beth Baldwin | 510-644-0260 www.ljkruse.com Roto-Rooter Martin Alvarez | 510-755-1262 sanactma@aol.com

Innovative Coin Cheri Guffey | 510-259-1494 www.innovativelaundry.com

Water Heaters Only, Inc. Yana Carpenter | 800-835-5946 www.waterheatersonly.com

PWS, The Laundry Company Herb McKay | 650-871-0300 www.pwslaundary.com

PRIVATE INVESTIGATIONS

LEAD, MOLD & PEST MANAGEMENT

Alameda County Healthy Homes Dept. Larry Brooks | 510-567-8282 www.aclppp.org or larry.brooks@acgov.org

Sam Brown Investigations Sam Brown | 415-621-5918 www.sambrowninvestigations.com PRIVATE PROFESSIONAL FIDUCIARY

Noel Parker, Fiduciary Noel Parker | 510-260-3520 www.noelparkerfiduciary.com

LIGHTING

Eco Electric James Young | 415-384-8526 www.ecopwr.net

PROCESS SERVER

LITIGATION SUPPORT SERVICES

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

County Process Server Emily Jay | 855-873-7837 www.norcalevictions.com PROPERTY MAINTENANCE

LOCKSMITH EVICTION SERVICES

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

A-One Construction Eva Morrissey | 510-347-5400 www.a-oneconstruction.com APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com

MARKET RESEARCH

Axiometrics Inc. Amy Wolff Sorter | 469-621-9669 asorter@axiometrics.com PAINT

KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com PROPERTY MAINTENANCE SOFTWARE

BEHR Paint Nick Mounts | 415-416-0994 www.behr.com The Sherwin-Williams Co. Sean Callahan | 925-932-3363 x134 www.sherwin-williams.com PEST & VECTOR CONTROL

Alameda Co. Vector Control Services Daniel Wilson | 510-567-6826 daniel.wilson@acgov.org

SYNCrew John Cranston | 415-968-1593 www.syncrew.com PROPERTY MAINTENANCE SUPPLIES

Ferguson Enterprises, Inc. Jermane Griffin | 916-752-7608 jermane.griffin@ferguson.com PROPERTY MANAGEMENT

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.net The Enterprise Company William McLetchie | 510-444-0876 ERI Property Management Terrence Sims | 510-883-7070 www.erirentals.com Lapham Company Jon M. Shahoian | 510-594-7600 www.laphamcompany.com Marquardt Property Management Karen or Judi Marquardt | 510-530-2050 www.mpmoakland.com Mynd Stacy Winship | 510-306-4440 www.mynd.co OMM Inc./Mason Management Janice Mason | 510-522-8074 www.ommhomes.com Premium Properties Sam Sorokin | 510-594-0794 www.premiumpd.com Seville Real Estate and Management Maya Clark | 510-610-7699 www.homesbyseville.com Shaw Properties Judy Shaw | 510-665-4350 www.shawprop.com Sphinx Property Management Jon Goree | 510-798-9299 www.sphinxpm.com Vision Property Management Michael Margado | 510-926-4104 www.visionproperty.management Wellington Property Company Jillian Loh | 510-338-0588 www.wellingtonpropertyco.com Woodminster Property Management Nicholas Drobocky | 510-336-0202 www.woodminstermanagement.com PROPERTY MANAGEMENT SOFTWARE

On-Site Janis Rossi | 408-795-4167 www.on-site.com

California American Exterminator Tami Stuparich | 831-338-4800 www.calamericanext.com

Advent Properties, Inc. Benjamin Scott | 510-289-1184 www.adventpropertiesinc.com

Terminix Robert Sater | 510-489-8689 www.terminix.com

Bay Property Group Daniel Bornstein | 510-836-0110 www.baypropertygroup.com

Advent Properties, Inc. Benjamin Scott | 510-289-1184 www.adventpropertiesinc.com

Western Exterminator Company Curtis Newbrough | 510-600-5271 www.westernexterminator.com

Beacon Properties Carlon Tanner | 510-428-1864 www.beaconprop.com

ARA Pacific Mike Colhoun | 415-273-2177 www.arausa.com

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ebrha.com

REAL ESTATE BROKERS & AGENTS


vendor directory Better Homes Realty Rene Mendieta | 510-388-4092 rmendieta@att.net Caldecott Properties Andy Read | 510-594-2400 www.caldecott.com

RECYCLING/REUSE

Urban Ore Marylou Van | 510-841-7283 www.urbanore.com RENT CONTROL CONSULTANTS

CBRE Keith Manson | 510-874-1919 www.cbre.com

Bay Property Group Cristian Villarreal | 510-474-7404 cristian@baypropertygroup.com

Coldwell Banker – Apartment Specialist John Caronna | 925-253-4648 www.eastbayIREA.com

Edrington & Associates Steven Edrington | 510-749-4880 sedrington@msn.com

Coldwell Banker Commercial Henry Ohlmeyer | 925-831-3390 www.coldwellbanker.com

Rent Board Matters Liz Hart | 510-813-5440 liz.hart1801@gmail.com

Edrington & Associates Steven Edrington | 510-749-4880 sedrington@msn.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 Eli Davidson | 510-379-1280 eli.davidson@marcusmillichap.com Marcus & Millichap David Wolfe | 510-379-1200 www.marcusmillichap.com NAI Northern California Grant Chappell | 510-336-4721 www.naikilpatrick.com NAI Northern California Timothy Norkol | 510-336-4724 tnorkol@nainorcal.com The Pinza Group Steven Pinza | 510-725-4775 www.pinzagroup.com Property Counselors Link Corkery, Inc. Link Corkery | 510-886-1212 www.pclclink.com

RENTAL SERVICES

Hamilton Properties Bay Area Delesha Hamilton | 404-606-2141 www.hamiltonpropertiesbayarea.com Caldecott Properties Julie Keys | 510-225-9244 www.caldecott.com ROOFERS

A-One Construction Eva Morrissey | 510-347-5400 www.a-oneconstruction.com Fidelity Roof Company Doug Kellor | 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 SECURITY/SURVEILLANCE

Detect All Security & Fire Amy Roither | 510-835-4100 www.detectall.com R & S Overhead Garage Door Sean Boatright | 510-483-9700, x14 www.rsdoors.com SEISMIC CONSTRUCTION

Red Oak Realty Vanessa Bergmark | 510-292-2000 vanessa@redoakrealty.com

B.A.S.S. Seismic Retrofit D.W. Hamilton | 510-919-0046 www.bassseismicretrofit.com

Seville Real Estate and Management Maya Clark | 510-610-7699 www.homesbyseville.com

West Coast Premier Construction, Inc. Homy Sikaroudi | 510-271-0950 www.wcpc-inc.com SEISMIC ENGINEERING

SMOKE-FREE HOUSING

Alameda County Tobacco Control Coalition Tamiko Johnson | 510-208-5916 tamiko.johnson@acgov.org SOLAR ENERGY

Eco Electric James Young | 415-384-8526 www.ecopwr.net Sunvalley Solar Keith Loebbecke | 510-294-0308 www.sunvalleysolarinc.com SUSTAINABLE ENERGY

Center for Sustainable Energy Alexandra Patey | 858-244-1192 www.energycenter.org/smp TENANT SCREENING SERVICE

Contemporary Information Corp. (CIC) Dan Firestone | 888-232-3822 www.continfo.com TOWING SERVICE

PPI Towing Stephanie Gipson | 510-533-9600 www.ppitowing.net TREE SERVICE

Coastal Tree Service Hans Waller | 510-693-4631 www.coastaltreeservice.com VETERANS SERVICE ORGANIZATION

Swords to Plowshares Norman Thomas | 510-844-7500 www.swords-to-plowshares.org WASTE & COMPOST COLLECTION

Junk King Contra Costa Krishna Vepa | 925-954-5420 krishna.vepa@junk-king.com Waste Management Company Karen Stern | 510-430-8509 www.wastemanagement.com WASTE & RECYCLING MAINTENANCE

Bay Area Bin Support Nancy Fiame | 888-920-BINS www.bayareabinsupport.com Bay Area Waste Services Peter Gella | 510-788-0462 www.bawaste.com Trash Logic Lainika Johnson | 888-384-3131 www.trashlogic.com WATER MANAGEMENT

HydroPoint Data Systems Dominique Perry | 707-285-3233 www.hydropoint.com

Sharon Medairy, Realtor® Real Estate Source, Inc. | 510-517-9969 www.medairy.net

Earthquake & Structures, Inc. B.K. Paul | 510-601-1065 www.esiengineers.com

Six Degrees Realty Stephanie Christmas | 510-461-4663 www.stephaniechristmas.com

W. Charles Perry & Associates W. Charles Perry | 650-638-9546 www.wcharlesperry.com

SGK Home Solutions Vladmir Merabian | 408-264-6964 www.sgkhomesolutions.com

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

West Coast Premier Construction, Inc. Homy Sikaroudi | 510-271-0950 www.wcpc-inc.com

Urban Ore Marylou Van | 510-841-7283 www.urbanore.com

WINDOWS

ebrha.com

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APRIL 2017

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RENTAL HOUSING 41


ad index

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EAST BAY RENTAL HOUSING ASSOCIATION (EBRHA) is a nonprofit trade organization representing owners and managers of apartments, condominiums, duplexes, single-family homes and other types of rental housing. EBRHA members range in size from small investors with just one property to large property management companies that own or manage hundreds of units.

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JOIN TODAY! CALL 510-893-9873 OR GO TO WWW.EBRHA.COM/JOIN 42 RENTAL HOUSING

| APRIL 2017 |

ebrha.com

Applied Waterproofing Systems . . . . . . . . 31 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.


INTERNISTS LIVE IN THEM.

AS DO INTERNS.

APARTMENTS. WE LIVE HERE. Dr. M. glides down to “G” and drives to work. Brittany Z. thanks heaven the Metro is just 6 minutes management, and skilled trades, as well as into the local and 45 seconds away. America’s other 36,999,998 residents embrace their own reasons apartment homes are ideal

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Real Estate Owners, Investors & Brokers are Invited THE ONLY EVENT DEDICATED EXCLUSIVELY TO THE BAY AREA APARTMENT INDUSTRY

Economic & Legislative Forum

Thursday, April 20, 2017 8:30 am - 11:00 am Lake Chalet, 1520 Lakeside Drive, Oakland EBRHA Member Price: $29 | $49 after April 7 Non-Member Price: $69 The East Bay residential rental market is leveling off, and questions remain about how the new administration will impact housing policy. Given current supply challenges and local rent policies, what is the outlook? Will demand continue to outpace supply? How can owners protect themselves from inevitable downturns and adverse legislation? Discover this and more from leading industry experts. 8:30 am – 9:00 am: Networking and Breakfast 9:00 am – 9:15 am: Welcome, Wayne Rowland and Jill Broadhurst 9:15 am – 10:00 am: Economic Forecast, Mark Lipsett 10:00 am – 11:00 am: Legislative Landscape, Ron Kingston THANK YOU TO OUR SPONSORS

Commercial Real Estate Services, Worldwide.

Panel Speakers Jill Broadhurst Executive Director EBRHA

Marc Lipsett Vice President Pacific Western Bank

Wayne C. Rowland President EBRHA & Rowland Property Mgmt.

Ron Kingston President CalPCG & EBRHA State Lobbyist

MEDIA SPONSOR

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PURCHASE TICKETS AT WWW.EBRHA.COM/FORUM


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