Rental Housing - January 2016

Rental

Housing EAST BAY RENTAL HOUSING ASSOCIATION | JANUARY 2016

AVOIDING VACANCIES IN YOUR UNITS Tips to increase your bottom line and keep residents happy

PLUS: OWNER RIGHTS UNDER THE COSTA HAWKINS RENTAL HOUSING ACT PHOTOS FROM EBRHA’S OPEN HOUSE AND HOLIDAY CELEBRATION

Contents

JANUARY 2016

East Bay Rental Housing Association Volume XIII, Number 1 January 2016 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 MEMBERSHIP ASSISTANT

Monica Wong | mwong@ebrha.com EBRHA OFFICERS

12

14

New Mold Regulations

An Easy-toKeep New Year’s Resolution

BY RON KINGSTON

BY KAREN STERN

PRESIDENT Wayne C. Rowland VICE PRESIDENT Luke Blacklidge VICE PRESIDENT Jack Schwartz TREASURER Abbe Sultan SECRETARY Fred Morse MEMBER Rick Philips EBRHA DIRECTORS

Mark Almeida, Symon Chang, Reggie Hairston, Carmen Madden, Conor Murphy, Michael Pallas, Rick Philips, Sarah Picker, Judy Shaw PUBLISHED BY

East Bay Rental Housing Association

22

PUBLISHER

Wayne C. Rowland MANAGING EDITOR Jill Broadhurst EDITOR Tina Bocheff

Maximize Revenue Through Zero Vacancies

ART DIRECTOR & COPY EDITOR Esteban Cortez ADVERTISING

BY SAM SOROKIN

Features & Columns 6

NEWS

8

EVENT PHOTOS

EBRHA Helps Stall Decision on Ellis-type Eviction Relocation Fees

EBRHA’s Open House & Holiday Celebration 18

30

GOVERNMENT AFFAIRS

32

ESQ&A

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

BY GREG BROWN Rental Housing is not responsible for the return or loss of

Subtenants in Your Rental Units

BY CLIFFORD FRIED

COURT TALK

Helpful Change in Eviction Pretrial Maneuvers

BY BRENT KERNAN

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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.

ebrha.com

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

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 © 2016 by EBRHA. All rights reserved.

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contributors KAREN STERN Karen Stern is excited to be a part of the Oakland Recycles team. She has been helping businesses, residents and community groups recycle since the California “Bottle Bill” passed in 1986. With the advent of food scraps collection, a kitchen pail displaced her disposal and WM EarthCare compost became a staple of her garden—it’s never looked better!

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

SAM SOROKIN Sam Sorokin is the founder and managing partner of Premium Properties, a local real estate property management, leasing and investment company founded in 2002. The firm’s management and investment portfolio includes over 600 units, all in Berkeley and Oakland. Prior to Premium Properties, Sam was the founder and president of Rental Solutions, a local brokerage that located apartments for busy tenants.

ONLINE TENANT SCREENING

To Schedule an Appointment, Call (510) 893-9873 EBRHA provides members with low-cost online resident screening.

Partnered with Contemporary Information Corp. (CIC), resident screening has one objective: to make sure your leasing decisions make the greatest possible contribution to your bottom line. As of 2015, rental property owners can collect a maximum of $45.99 for an application fee.

MEMBER PRICING Basic Report* . . . . . . . . . . . $15 Bad Check Search. . . . . . . . $10 Social Security Search. . . . . $7

CLIFFORD FRIED Clifford Fried is a real estate attorney with expertise in landlord-tenant law and rent control matters in Oakland and the Bay Area. He and his law firm represent residential landlords only and are one of the largest such firm in Northern California. He has authored several books on rental housing and has written hundreds of articles on rental property ownership.

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*Includes TransUnion credit report, FICO score and eviction history

BRENT KERNAN Brent Kernan is an attorney and general counsel at Story Rentals, Inc. Brent has practiced landlord/tenant law in the Bay Area for more than 20 years. He has taught law and served as a judge pro-tem and arbitrator. He is also active in property management both as a general counsel and as a property owner and landlord.

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ebrha.com

East Bay Rental Housing Association TEL

510.893.9873 | FAX 510.893.2906 www.ebrha.com

Oakland Holiday Tree Collection The Oakland Recycles program has expanded our compost service for multifamily properties, and your residents can now recycle their trees curbside from December 26 to January 15.

For buildings with fewer than 100 units, residents can place their trees at the curb for pickup on your regular compost collection day.

Only clean trees are accepted: no “snow” flocking, stands or decorations.

To fit in the compost truck, tree segments should be cut to less than 4’ tall for curbside collection.

For buildings with 100 units or more, please call Waste Management at 510-613-8710 to determine the best method of collection and to schedule service. More information about composting and all your new services is available online at www.OaklandRecycles.com.

Happy Holidays from Waste Management of Alameda County.

COLUMN

news New Smoke Detector Requirements in 2016

EBRHA Members’ Testimony Leads Oakland Council to Pause on Ellis-type Eviction Relocation Fees AT ITS DECEMBER 15 COMMUNITY AND ECONOMIC DEVELOPMENT

(CEDA) MEETING, councilmembers agreed to delay until January 12, 2016 the decision that would impose relocation fees on Ellis-type evictions. The proposed ordinance would have required property owners to pay relocation fees for ALL residents that equal $8,000 per unit, with an additional $2,500 if the tenant is considered low-income.

EBRHA was successful in asking council to delay moving the item forward until EBRHA can provide comments in the hopes of developing a more balanced policy. EBRHA testified that the ordinance was not needed because only four filings were noted in the city’s report—that is four filings out of 90,000 units. The proposed policy would have hurt residents who are either new to property ownership or whose life circumstances have changed and now need to move into their property. This was yet another dilution of property owner rights. EBRHA thanks all the members who came and spoke with such compelling and personal stories of how this would affect them. Their efforts were a large part of this success. EBRHA will continue to send updates as they become available.

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Reminder: By January 1, 2016, owners of a dwelling unit intended for human occupancy in which one or more units is rented or leased shall install additional smoke alarms. According to the new law, smoke detectors are to be installed in each bedroom and outside bedrooms. For bedrooms that already contain smoke detectors, note the detector type (AC vs. battery powered), the manufacturer, the location and placement of the device.

For rooms that are not in compliance, install the detectors on or before January 1, 2016, and note in your paperwork the date of installation, location in the dwelling, manufacturer and serial number. All existing devices must be operable and located in compliance with the new state law at the time of a new rental and before the new tenant takes occupancy.

New smoke alarms purchased must comply with the new law and be approved by the State Fire Marshal in order for the alarms to be sold in the state. The new devices must be tamper proof, and contain both a hush button feature and a 10-year battery life (AC powered smoke detectors and operable battery devices are not required to be replaced unless the detector will not work with a new battery). Keep in mind the following: 1) Smoke alarms connected to a panel or connected to a wireless communication signal are exempt from the new law; 2) the law does not apply to installing or replacing smoke detectors in common stairwells; and 3) because certain cities have adopted more restrictive smoke detector ordinances, property owners and managers are advised to comply with the new requirements and local laws and regulations to the extent possible.

City of Lafayette Sued Over Luxury Homes Project A Group of Bay Area residents has

filed a legal challenge against the city of Lafayette asking a judge to block 44 luxury single-family homes and replace them with 315 moderate-income apart-

ments, according to the Contra Costa Times. Oakland resident Sonja Trauss filed the suit Tuesday in Contra Costa Superior Court. Trauss, along with the San Francisco Bay Area Renters Federation, is fighting the city’s recent approval of the Homes at Deer Hill project, which the O’Brien Land Company wants to build on a hillside at the corner of Pleasant Hill and Deer Valley roads.

She wants the city to rescind approval of the million-dollar homes and issue permits for the 315 apartments known as the Terraces of Lafayette. SFBARF’s suit comes nearly four months after the city approved the high-end project. The city began considering that project after the developers agreed to suspend the apartment development. The suit follows a legal challenge by the group Save Lafayette, which submitted a referendum petition to the city in October with 2,300 signatures of residents who are asking officials to either rescind approval of the homes, or let voters decide. Envisioned by landowner Anna Maria Dettmer as a project that would bring “quality housing and good schools to families and working people,” the Terraces development was first pitched in 2011. Trauss argues it never had a chance. “The project was met with hostility on the part of the City of Lafayette,” Trauss wrote in her challenge.

“The record is replete with indications that the city was not interested in approving the applicant’s proposal.” According to the court petition, the group contends the city broke state law known as the Housing Accountability Act when officials rejected the apartment development without making required findings that the project would have negative impacts on public health and safety that couldn’t be avoided or reduced. While the project is being legally debated, the single-family home development is moving ahead and undergoing design and parks review, said project manager Dave Baker.

Source: Contra Costa Times; Jennifer Modenessi; 12/09/2015; http://www. contracostatimes.com/bay-area-news/ ci_29224815/lafayette-sued-over-luxuryhomes-approval RH

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EVENT PHOTOS

EBRHA’S OPEN

& Holid

I

n December, EBRHA wel-

comed members to its Open House and Holiday Celebration to celebrate our new office space and the many accomplishments the Association achieved in 2015. Light refreshments, beer and wine were served as guests conversed throughout our improved office space. We look forward to seeing more members this year, and look forward to celebrating many more accomplishments in 2016. RH

PHOTOS BY ESTEBAN CORTEZ

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HOUSE

day Celebration

Thank you to all EBRHA members for making 2015 another successful year. We look forward to celebrating many more accomplishments in 2016. ebrha.com

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FEATURE COLUMN

oakland recycles

best value for you and your residents.

Oakland Recycles’ goal is to provide every Oakland resident the ability to safely and legally dispose of bulky household items, and help building managers safely and legally dispose of items that are abandoned as a result of resident move-outs. It helps reduce illegal dumping and makes Oakland a greener, cleaner community.

Property owners and managers at nearly 250 buildings with five or more units have taken advantage of the bulky Eliminate clutter at your properties with Oakland’s pickup service since it began in July 2015. new curbside bulky pickup service. BY KAREN STERN They have worked with WMAC to use the service in different ways. Here are a e all know the familiar New annual allotment for one building-wide few examples: Year’s resolution to get Condominium Building-Wide Event: event. The service is customizable to organized and reduce the “It was a fabulous experience. I scheduled your preferences. For your convenience, clutter in our lives. Oakland Recycles a curbside bulky pickup for the 32-unit the balance of your allocation is tracked can help make sure this is a resolution condo building I manage and it went off on your monthly bill. you keep. All it takes is a phone call to without a hitch. Many of the homeownput you and your residents on track to ers participated, cleaning out their storBuildings with Five or More Units get organized by using the new curbage units and closets and setting materials Your January invoice reflects the total side bulky pickup service provided by out the night before. When I drove by allotment of bulky pickup service Waste Management of Alameda County, available to your building in 2016. For at 11 am the morning of the pickup, the Inc. (WMAC), your weekly trash and curb was spotless. I definitely would do example, a building with 10 units will compost collection service provider. it again in the spring if needed.” Pauline start each calendar year with credit for Starting February 1, homeowner assoPewther, Keely Property Management pickup of 15 cubic yards of non-recyclaciations, property owners and managers ble material including twenty (20) rolled Apartment Building Set-out: “It’s of buildings with five or more units can easy to use! Two of my on-site managers carpets, plus ten (10) large appliances, schedule pickups on behalf of residents scheduled curbside bulky pickups in the twenty (20) TV/monitors, twenty (20) throughout the year at no additional fall. The confirmation email and mailer tires including tires on rims, and twenty cost because the service is included in included photos and lists of eligible (20) mattresses or box springs for the rates for weekly trash, recycling and materials, which made it easy to inform recycling. A building with 50 units will compost collection. residents. We’ll definitely use it again as start each calendar year with credit for As part of the City of Oakland’s new needed. We’re paying for the service and pickup of 75 cubic yards of non-recyZero Waste program, your building is our properties and tenants benefit from clable material including one hundred entitled to collection of 1.5 cubic yards it.” Gloria Fong, Ma Properties office (100) rolled carpets, plus fifty (50) large per unit of non-recyclable material manager appliances, one hundred (100) TV/monincluding bagged material, discarded On-Site Bin Collection: “Like many itors, one hundred (100) tires including furniture and two rolled carpets, plus a owners, we struggle with tenants who tires on rims, and one hundred (100) set number of eligible recyclable items move out, leaving behind mattresses, mattresses or box springs. per unit, annually. There is no addifurniture and more. The new bulky tional charge—it’s already included in program is a great solution. I called ILLUSTRATE with Bill Line HERE. the rates you pay for weekly trash, recyWaste Management and described the cling and compost collection services. materials on site. Together we agreed on a This new bulky pickup service along 20-cubic yard bin and scheduled a delivEach month, your invoice will with the existing curbside bulky pickup ery date. When the bin arrived, I filled it include the remaining Available Bulky program for buildings with two to four as directed and set aside recyclables for Yards based on the prior month’s usage. units is provided February through Waste Management to There is no credit for December. February appointments may “Oakland Recycles collect separately. It was your un-used allotment be made in January by calling WMAC incredibly convenient. of bulky pickup service in is here to help you at 510-613-8710. You may choose to and your residents With a 42-unit building, the preceding year, so use schedule bulky pickup service for one or your full annual allotreduce waste and I plan to use this service more units at a time, or use your entire recycle right.” a couple of times each ment each year to get the

An Easy-to-Keep New Year’s Resolution

W

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year.” Shekhar Darke, property owner Oakland Recycles designed the bulky pickup service to provide you and your residents with the flexibility to schedule bulky pickup appointments to meet your building’s specific needs. Property owners who do not have onsite managers or HOA property managers have the option to sign a waiver allowing residents to schedule bulky pickup service directly with Waste Management.

Waiver Program: “We learned about the waiver program in the Zero Waste Property Managers Tool Kit. In 2015, we completed the Waiver for two of our properties. It eliminates us as the middleman and allows our residents to schedule directly with Waste Management. The Waiver definitely simplifies the process for everyone involved and our residents are happy with the service.” Danyelle Morgado, CCAM, assistant property manager, Independent Planning Management Company The Waiver form may be found on page 8 of the Property Manager Recycling Services Kit available online at ebrha.com/zerowaste. Note that if residents set out more non-recyclable material or eligible recyclable items than scheduled on the day of service, the WMAC driver will photograph and pick up the additional material and/or items and they will be deducted from your building’s remaining allotment for the year. The photograph will be provided to you, and your next monthly bill will reflect your building’s adjusted remaining allotment for the year. If your building exceeds your annual allotment an Excess Bulky Charge will be added to your next bill.

Oakland Recycles also offers Pay As You Go bulky pickup service for properties that have exceeded their annual allotment but want to order additional service in a given year, or for residents who prefer to schedule their own bulky pickup appointments, independent of your building’s annual allocation. Call WMAC at 510-613-8710 for prices and details.

So what are you waiting for? Call WMAC at 510-613-8710 to schedule bulky pickup appointments in February (bulky pickup service is not available in January when WMAC is busy collecting

holiday trees). In the meantime, you can notify residents by posting a printout of the bulky pickup service advertisement in this magazine or emailing a link of it to your residents. It’s that simple.

Wouldn’t it be nice if every New Year’s resolution had such a simple solution?

Oakland Recycles is here to help you and your residents reduce waste and recycle

right. Thank you for helping to make Oakland clean and green. RH

Karen Stern is the Waste Management of Alameda County Communications Manager and is a members of the Oakland Recycles team, responsible for the launch of the new Zero Waste collection services that went into effect July 1, 2015. She can be reached at kstern2@wm.com.

Schedule Your Collection

Non-Recyclable Materials

Eligible Recyclable Items*

THE GOAL OF THE MULTIFAMILY BULKY PROGRAM is to provide every Oakland resident the ability to dispose of bulky items from the convenience of their homes. As the responsible billing party, property owners and managers have three options for facilitating this service: 1. CURBSIDE COLLECTION • Schedule collection at the curb for your resident(s) as requested • Recommended for buildings with easy curbside access and 20 units or fewer 2. DEBRIS BOX COLLECTION • Schedule collection for the building by requesting a debris box • Request a site visit for box placement and collection requirements • Promote event to maximize participation PHOTO: KELLY D. CARLISLE • Recommended for buildings with 15 or more units 3. RESIDENT SELF-SCHEDULE • Submit a waiver to permit resident scheduling • Recommended for buildings 5 to 14 units without on-site property managers

To schedule or order online, visit OaklandRecycles.com or call 510-613-8710. * One (1) large appliance, Two (2) TV/monitors, Two (2) tires including tires on rims, Two (2) mattresses or box springs

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COLUMN

capitol intelligence

New Mold Regulations What rental property owners need to know about the new substandard housing mold law, effective January 1, 2016. BY RON KINGSTON

G

overnor Brown recently signed a bill into law effective on January 1, 2016, which states that under certain conditions the presence of “visible mold growth” that endangers the life of occupants in a residential rental could be considered a substandard housing condition. The precise language requires ALL of the following to be true: There is “visible mold growth” (as opposed to any mold located on any surface) that “endangers the life, limb, health, property, safety or welfare . . .of the occupants” unless the presence of that mold is minor and is found “on surfaces that can accumulate moisture as part of their properly functioning and intended use” (e.g. bathroom exhaust fan).

A property owner’s obligation to repair the moldy condition arises only where the owner or manager has notice from the tenant of the dilapidation due to the presence of actual and visible mold growth. Additionally, the law affirmatively requires tenants to maintain the property in a clean and sanitary fashion. This obligation may be used by a property owner defending against a substandard housing citation involving an allegation that the property has visible mold growth.

This Q&A explains California’s new mold law, and how property owners and managers can protect their properties from being cited as “substandard.”

Overview of the New Mold Law In general, the new law makes the existence of unhealthy levels of mold 14 RENTAL HOUSING

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new law very clearly states that property owners are under no duty to repair dilapidations caused by mold problems if they have not received notice about the problems, or if the tenant caused the mold problem by breaching any of his affirmative obligations to maintain his or her premises in a clean and sanitary manner under California Civil Code 1941.2.

Accordingly, if a tenant’s failure to properly maintain his or her dwelling caused the mold problem, a property owner should not be cited for a substandard housing condition. It should be noted, however, that regardless of who or what caused the mold problem, once the property owner knows about the issue, he or she has a duty to address the moldy condition promptly.

under certain conditions a substandard housing condition. As it is with any substandard housing condition, What happens if a dwelling is found property owners can be fined, cited and to be substandard? sued. The new law creates a new specific California’s substandard housing laws category of substandard housing (mold) exist to ensure tenants have safe, healthy, and places obligations to perform on and habitable dwelling units within property owners and tenants regarding which to live. The substandard housing the repair of dilapidation and the mainlaws establish a list of conditions that tenance of rental property. if exist in a dwelling to an extent that Conditions that give rise to endangers the life, limb, health, propunhealthy levels of molds, like damp erty, safety, or welfare of the public or walls and floors, have long been estabthe occupants, make the unit unhealthy, lished as substandard housing condiunsafe and unfit for tenants to live in. tions. (Health and Safety Code Section Examples of substandard housing condi17920.3) Moreover, rental property tions include lack of proper bathrooms owners have always been under a duty and showers, lack of proper ventilation, to maintain their properties in a safe and adequate heating and lighting. The and sanitary way. (Civil Code Section list is extensive. (See Ca. Health and 1940 et sec.)

Safety Code 17920.3 for a list of all The new law states that mold can, substandard housing conditions.) When under certain conditions, be consida substandard housing condition exists— ered a substandard housing condition. for example, if water is not properly runSpecifically, the new law states that a ning—a rental property owner not only substandard mold condition exists if violates California’s substandard housing mold is visible and endangers the life of laws, he or she is also in violation of the occupants or public in a dwelling unit implied warranty of habitability. The as determined by a local government consequences can be substantial (see list code enforcement officer. of potential consequences at right).

The law also contains exceptions and protections for property owners. Mold What is mold, and why has Calithat is minor and found on surfaces fornia made mold that normally accumu(under specific late mold or moisture as “Ultimately, a conditions) a subpart of its regular funcproperty owner standard housing tion—like bathtubs and must ensure that condition? showerheads and exhaust unhealthy levels Mold for the purposes fans—does not create of mold do not of this law is defined as a substandard housing accumulate in his or microscopic organisms condition. Moreover, the her dwelling units.”

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or fungi that can grow in damp conditions in the interior of a building. The Centers for Disease Control and Prevention (CDC) describe mold as follows: Molds are fungi that can be found both indoors and outdoors. No one knows how many species of fungi exist but estimates range from tens of thousands to perhaps three hundred thousand or more. Molds grow best in warm, damp, and humid conditions, and spread and reproduce by making spores. Mold spores can survive harsh environmental conditions, such as dry conditions, that do not support normal mold growth… Mold can cause fungal allergy and respiratory infections or worsen certain illnesses such as asthma. Molds are microorganisms that are found virtually everywhere, indoors and outdoors. The potential health effects of exposure to indoor mold are of increasing concern.

According to the CDC, exposure to mold can cause symptoms such as nasal stuffiness, eye irritation, wheezing, or skin irritation. Some people, such as those with serious allergies to molds, may have more severe reactions, such as fever and shortness of breath. Some people with chronic lung illnesses, such as obstructive lung disease, may develop mold infections in their lungs.

California’s new mold law was enacted to address serious health concerns that mold may cause tenants, given certain and specific reasons and processes that the parties must follow.

When is the presence of mold a substandard housing condition?

The standard under the new law for what constitutes a substandard housing condition is as follows: the mold must be visible growth; a code enforcement officer must determine that the mold growth endangers the life, limb, health, property, safety, or welfare of the public or the occupants; the mold cannot be “minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.” (Note, however, a tenant has an affirmative duty under civil code 1941.2. Specifically, the new law states: An obligation shall not arise under Section 1941 or 1942 to repair a dilapidation relating to the presence of mold pursuant to paragraph (13)

Potential Consequences of Violating the Warranty of Habitability

WHEN A SUBSTANDARD HOUSING CONDITION EXISTS, A RENTAL PROPERTY OWNER NOT ONLY VIOLATES CALIFORNIA’S SUBSTANDARD HOUSING LAWS, HE OR SHE IS ALSO IN VIOLATION OF THE IMPLIED WARRANTY OF HABITABILITY. THE CONSEQUENCES CAN BE SUBSTANTIAL: • An owner can be ordered to repair the condition immediately • Fines, citations, and fees can be in the thousands • Legal costs and repair costs can be in the tens of thousands • A lien on the property can be placed by the city • In the most severe case, an owner who repeatedly violates substandard housing laws can be placed in jail for up to a year in some jurisdictions • In Los Angeles, there is a program called “REAP” that allows the City to take over as manager, cut rents in half, and use the other half of rent to pay contractors to make the needed repairs • The owner can lose his ability to write off any deductions from his State taxes.

• Tenants can withhold rent, sue, defend against evictions and receive many months of free rent • Depending on the severity of the substandard housing condition, owners may have to pay for a tenant’s temporary relocation costs • Where the building requires major rehabilitation to satisfy the order, some jurisdictions require the owner to pay for lodging, meals, and other temporary expenses while the construction is under way.

• A property owner can be liable to a tenant for attorney’s fees and costs, actual damages, and special damages of up to $5,000 for demanding or collecting rent, increasing rent, or attempting to evict a tenant when a substandard housing condition exists. (See Civil Code 1942.4(a)(3)). RH Photo Credit: Angela Schmeidel Randall / Flickr Creative Commons

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of subdivision (a) of Section 17920.3 of the Health and Safety Code (the amendment to the substandard housing law relating to visible mold growth) until the lessor has notice of the dilapidation or if the tenant is in violation of Section 1941.2.

Additionally, the tenants must keep the premises clean and sanitary: (see Civil Code 1941.7(a)). Those tenant duties under Section 1941.2 include the following: 1) Keeping the premises clean and sanitary as the condition (emphasis added); 2) Using and operating gas, electrical and plumbing fixtures properly. (Examples of improper use include overloading electrical outlets; flushing large, foreign objects down the toilet; and allowing any gas, electrical or plumbing fixture to become filthy.); 3)Disposing of trash and garbage in a clean and sanitary manner; 4) Not destroying, damaging or defacing the premises, or allowing anyone else to do so; 5) Not removing any part of the structure, dwelling unit, facilities, equipment or appurtenances, or allowing anyone else to do so; 6) Using the premises as a place to live, and using the rooms for their intended purposes.

For example, the bedroom must be used as a bedroom, and not as a kitchen; and 7) Notifying the owner when the dead bolt locks and window locks or security devices don’t operate properly.

When is mold dangerous to “life, limb, health, property, safety, or welfare of the public or the occupants?”

Ultimately, a code enforcement officer

determines when a mold condition rises to a level that is dangerous to humans.

The CDC states that a good indicator that a mold problem exists is when you have “large mold infestations” that “can usually be seen or smelled.”

Here are other tips to detect dangerous molds: Check for visible signs of mold growth. Their cotton-like features that appear in colors such as gray, black, white, or green characterize molds.

Use your sense of smell. Sometimes molds can be detected because they smell.

Look for damp conditions. If a water pipe recently broke, or a flooding occurred (toilet overflow, refrigerator problem, plumbing problem, rain storm, etc.), it is possible mold might be growing somewhere in the unit.

Windows mist over during the winter.

Winter season is characterized by rain and cold. When it’s cold and rainy, there is excess moisture. This excess amount of humidity in the environment can cause fungal growth, which culminates the most in damp areas.

Some people use home mold test kits.

Mold testing is used to determine dangerous threats of molds. These do-it-yourself test kits are designed to track down the presence of harmful molds that can trigger serious health problems. Most of these testing devices are user-friendly and can provide reliable results.

Despite your efforts, molds can be hidden. Most experts agree that the most perilous mold is the one that is unseen, such as in air conditioning units, ductwork, or within walls. These molds can

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swell up rapidly while undetected. In most cases, hidden molds can be discerned not by eye but by the stale odor or the frequent need to clear your throat.

Proper care and maintenance will typically prevent these.

Hire a certified mold inspector. In instances where you cannot detect if there are visible molds inside your house, some owners have used licensed mold inspectors and mold remediators.

What is mold “minor and found on surfaces that accumulate moisture as part of their properly functioning intended use”?

The term “minor” is undefined in the statute. That means common sense must apply.

Surfaces that accumulate moisture as part of their properly functioning intended use are going to be surfaces like shower areas, showerheads, toilets, sinks, windows, and refrigerators. Anything that typically accumulates moisture will qualify.

So, if there is just a little amount of mold on such a surface, a property owner will likely not be cited for having a substandard housing condition.

What are the property owner’s duties?

Ultimately, a property owner must ensure that unhealthy levels of mold do not accumulate in his or her dwelling units.

Maintenance that involves checking for mold could become part of a property owners regularly duties. Although tenants will have a duty to keep their units clean and sanitary, and will need to report unhealthy mold growths that they become aware of, property owners always maintain a duty of maintenance, and will need to address mold problems when they learn of them. RH

MPM

EAST OAKLAND

Specialist!

16 RENTAL HOUSING

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510-562-8600 ebrha.com

The information provided herein is intended to provide general guidance and awareness on recently passed 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.

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COLUMN

court talk of Los Angeles County on November 23, which strictly limits the heretofore broad language of the 1983 case of Delta Imports, Inc. v. Municipal Court. How this affects landlords most immediately is that it will eliminate one of the typical delaying maneuvers of tenant attorneys.

Changes to the way tenants can challenge the effectiveness of the service of a Three-day Notice.

BY BRENT KERNAN

C

alifornia law can be changed in a number of ways, each with its own timeline. A law can be created or changed as a result of legislative action or ballot initiative; this is the fastest route. Californians’ ballot initiative to ban gay marriages through Proposition 8 is a recent example.

Slower, but equally impactful, California law can change when an existing law is challenged as unconstitutional, and the courts have the option to invalidate or modify the law. The reversal of Proposition 8 was an example of this path.

Less common, and not on a timeline that can be easily followed, California law can change when a law is generally 18 RENTAL HOUSING

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Delta Imports Case Criticized The Delta Imports case had been viewed unfavorably by legal practitiocriticized by numerous sources since its ners and the appellate publication, but no courts, but the opportuappellate case had arisen nity to review and over“It should be that could be used to rule has not presented noted that, strictly limit its broad ruling itself. In these cases, the speaking, the Borsuk that a motion to quash appellate courts may wait decision is a victory service of the summons for “the right case” with for neither landlords is the only method to the most scalable set of nor tenants. It challenge whether a facts to trigger review simply states that complaint states a cause and overturn of a prior when a tenant seeks of action for unlawful decision. to challenge the detainer.

This occurred recently effectiveness of the But as sometimes with the publication of service of a Threehappens in American the appellate case of Borday Notice, the jurisprudence, the force suk v. Appellate Division tenant must do so of change came from of the Superior Court through a demurrer.” a compelling dissent-

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PHOTO: WOODY HIBBARD / FLICKR CREATIVE COMMONS

Helpful Change in Eviction Pretrial Maneuvers

No More Successive Pretrial Motions The Delta Imports case allowed tenant attorneys to file a motion to quash service of the summons based on an alleged defect in the service of a Three-day Notice to Quit (delaying trial) and then, once the motion to quash was denied, file a subsequent demurrer or motion to strike on similar grounds (further delaying trial). With the recent Borsuk decision, a pretrial challenge to the sufficiency of the Three-day Notice now can only be raised by demurrer, eliminating these successive, delaying pretrial motions.

Moreover, the decision appears to remove any ability of a tenant to a make pre-trial challenge to the underlying facts of the service of the Three-day Notice because a demurrer only challenges the “face” of an unlawful detainer complaint.

As the Borsuk case noted, proper service of the Three-day Notice is an essential element of the unlawful detainer case itself. To make factual determinations on trial matters before the trial even takes place creates only confusion and the possibility of conflicting rulings.

ing opinion. The Borsuk case was first appealed to the Appellate Division of the Superior Court. That appeal resulted in a 2-1 majority opinion which, as an inferior court should do, followed the controlling Delta Imports case. However, presiding judge Sanjay Kumar wrote a dissenting opinion urging a re-examination of the Delta Imports case.

Judge Kumar stressed that “[a]s the Three-day Notice is an element of the unlawful detainer action, a challenge to it, like a challenge to any other element of the cause of action, should be directed to the legitimacy of the complaint, not the validity of the service of the summons.”

Of particular concern was his observation that “should the trial court deny the motion on the ground that the Three-day Notice was indeed valid, the question becomes whether that ruling precludes the issue from being relitigated at trial.

And, if such a ruling has preclusive implications, would the application of the preclusive bar deprive the tenant of his or her right to have a jury decide whether the element has been proven?”

Judge Kumar concluded, “Nonetheless, Delta was decided by the Court of Appeal—a court superior to that of the appellate division. We are therefore obligated to follow Delta as, for purposes of unlawful detainer actions, it is directly on point and without contrary case law….

But the uncertainty concerning the scope and ramifications of such a procedure will no doubt continue to confound trial judges and practitioners. The time may be right for a court higher than the appellate division to revisit the issue presented in Delta.”

Heeding Judge Kumar’s call, the Court of Appeal transferred the case for further appellate review, culminating in its decision strictly limiting the scope of Delta Imports to the specific facts of that case. This is as far as a court of equal jurisdiction can go to overruling its earlier decision.

Ramifications of the Borsuk Decision It should be noted that, strictly speaking, the Borsuk decision is a victory for neither landlords nor tenants. It simply

EBRHA ON YOUR SIDE NEW ADVOCACY SERVICE EXCLUSIVELY FOR MEMBERS!

Have you experienced a situation or ruling that you feel infringed on due process as a property owner?

Have Rent Board rulings or outcomes pertaining to your case seemed unethical? Were local ordinances and policies ignored? We constantly hear about outcomes that are just plain wrong. We need to collect member experiences in order to make changes to an already broken and biased system.

To access EBRHA’s new advocacy service, visit www.ebrha.com, log in to your member account, click “EBRHA on Your Side” in the member menu and fill out the form. EBRHA may follow up with you to discuss next steps and acquire any supporting documents.

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EBRHA Office Closed

DATE FRIDAY, JANUARY 1

Rent Board Guidance Roundtable D ATE & TIME M ODERATOR

PRICE

TOPICS

MONDAY, JANUARY 11; 10:00 A.M. - 11:00 A.M.

Jill Broadhurst, CCRM, EBRHA Free to members only An informal roundtable for members that have or had a rent board hearing. Members are encouraged to bring their paperwork for a sharing and learning opportunity.

Member Meeting D ATE & TIME SATURDAY, JANUARY 16; 10:00 A.M. - NOON

SPEAKER Ron Kingston—New Laws for 2016

DETAILS Members only; Metered street parking available

Small Property Owners Roundtable D ATE & TIME M ODERATOR

PRICE

TOPICS

WEDNESDAY, JANUARY 20; 10:00 A.M. - 11:00 A.M.

Jill Broadhurst, CCRM, EBRHA Free to members only An informal roundtable to discuss issues, experiences, and solutions to rental property management issues.

Dealing with Nuisance Tenants D ATE & TIME

SPEAKER

PRICE

TOPICS

TUESDAY, JANUARY 26; 2:00 P.M. - 3:30 P.M.

Michael Shepherd, The Shepherd Law Group Members: $39; Non-members: $69 How to Handle Nuisance Complaints in Your Units, Proper Procedures, Service Notices, and more

Lunch-n-Learn: Social Security Workshop D ATE & TIME

SPEAKER

PRICE

DETAILS

TOPICS

THURSDAY, JANUARY 28; NOON - 1:30 P.M. Terry Allen, CFP®, AWMASM Members: $20; Members’ Guests: $20 Lunch is provided and available at 11:45 a.m.

Seating is limited, Registration deadline is January 27 When and How to File for Social Security, Making Important Social Security Decisions, Factors that Impact Your Lifetime Stream of Income, and more

Online Registration Required at ebrha.com

All workshops are held at our new office:

Sign up, pay registration fees and receive reminders online.

EBRHA Education Center 3664 Grand Ave., Ste B, Oakland

states that when a tenant seeks to challenge the effectiveness of the service of a Three-day Notice, the tenant must do so through a demurrer. A demurrer, however, prohibits the consideration of evidence outside of the face of the complaint, and therefore preserves factfinding to the trial itself.

It is important to note, as well, that there is now a split in legal authority, since the Borsuk court is equivalent to the Delta Imports court; lower courts may choose to follow one or the other authority. But it is likely that the persuasive reasoning of the Borsuk case will compel law and motion courts to follow it rather than the Delta Imports case. This conflict may be resolved by the California Supreme Court taking up the issue at some point. RH The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Brent Kernan is an attorney and general counsel at Story Rentals, Inc and has practiced landlord/tenant law in the Bay Area for over 20 years. He can be reached at bkernan@aol.com or 510-712-2900.

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FEATURE

Maximize Revenue Through Zero Vacancies A successful real estate investor shares strategies to increase your bottom line and keep residents happy. BY SAM SOROKIN

22 RENTAL HOUSING

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ebrha.com

PHOTO: NICOLAS HUK / FLICKR CREATIVE COMMONS

B

eing a successful real estate investor is no easy task. There is no doubt that most owners spend a great deal of time and money on managing their properties. While cutting costs and managing expenses is important, it is very often given a higher priority than increasing rents and maintaining occupancy. I would argue that owners really have more control over revenue then expenses, but seem to put more emphasis on saving money than making money.

Over the years we have developed a system that keeps your apartments full yearround, and assures that you will receive the highest possible rent at turnover. With many EBRHA members having properties in rent control jurisdictions, the initial rent becomes that much more important. Your goal should be to make sure that your property doesn’t create many long-term, below market rent units that, ultimately, reduce revenue and decrease property value.

But even without rent control, it is always a good idea to charge market rent as most owners won’t—if given the opportunity—raise rent much more than a few percent, even if the market justifies it.

It Isn’t Reasonable to Have a Vacancy

Many landlords, upon receiving notice of a resident moving out, will refer to the event as having an upcoming “vacancy.”

The term vacancy means that someone is not living there. What you really have is an available apartment. If you work hard, you can avoid a vacancy by renting the unit before it goes vacant. Thus, there is no lost revenue.

Based on my 15+ years of experience as an investor and property manager in the East Bay, I have found that there really is no true vacancy factor in the Bay Area.

Most of our neighborhoods are extremely desirable, and if your units are priced appropriately, you will have many wellqualified applicants vying for your rentals.

Landlords and property managers who

have a difficult time renting their units quite often have listed them at the wrong price. For example, if I charge $3,000 for an apartment that is really worth $2,500, no one will rent it. It’s not a vacancy. It’s mispriced. Right now, the rental market seems to be going up, but in 2007 and 2008, the rental market went down. Just because you got one rent last year doesn’t mean that the rent will be the same this year. The key is knowing what to charge.

Ultimately, if you charge the right price for your product somebody will want to rent it.

Maximizing Revenue

Over the years we have discovered a basic truth: you can rent your units for more money in the summer than in the winter.

In fact, there is as much as a 25% difference in rent between the best month in the summer and the worst month in the winter.

Why? The weather is better, there is more daylight, school lets out, and who wants to move during the holidays? So, in an ideal world, you would like to have your units come available during the summer.

To assure that our units will come available at the optimal time, we never allow for month-to-month leases, as we have found that they lead to loss of control over your apartments. In most communities without rent control or Eviction for Good Cause, a month-to-month lease provides benefits to both the landlord and tenant.

The tenants can move out with a simple 30 day notice and the landlord can raise the rent or ask a tenant to move. But, in areas like Oakland and Berkeley, owners do not receive any of the benefits of a month-tomonth lease. So, why offer it?

By signing fixed term leases with residents that terminate and never revert to a month-to-month lease, you can control when you will ultimately have a vacancy.

Just because you rent an apartment in February doesn’t mean you have to sign a one-year lease to expire the following February. Instead, sign a lease that expires in June. Then, prior to the lease expiring,

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other industry professionals is a great way to stay informed.

“There really is no true vacancy factor in the Bay Area. Most of our neighborhoods are extremely desirable, and if your units are priced appropriately, you will have many well-qualified applicants vying for your rentals.” you should renew the lease for another year, always maintaining the summer possible turnover date.

Certainly, you want your resident to stay, but if they have to move, you want them to move at the right time of year.

Increase Your Notice Requirements

If you are no longer offering month-to-month leases and they terminate upon expiration, it is important to actively renew your leases prior to them expiring. Traditionally, that would occur around 30 days prior. But our company stipulates in the rental agreement that the resident has to renew the lease 60 or 90 days — depending on the location — before the lease expires. Keep in mind a 30-Day Notice realistically only gives an owner a few weeks to lease an apartment, which often is not enough time.

As an owner, you have a right—even in rent control jurisdictions—to require residents to renew a substantially similar lease.

In fact, it is a considered a good cause for eviction in both Oakland and Berkeley, should the tenant refuse to sign a lease. But it is important that you offer the renewal to the resident in writing. We mail our renewal packets approximately 30 days before the deadline to renew, which is typically 90 days before the lease expires. For example, if a lease expires on May 31, and the resident is required to renew 90 days before, then they are sent their renewal in early February and must sign the renewal by March 1. If they renew, great! But, if they decide to move, then you now have 90 days to rent the unit. This is a huge advantage and gives you lots of time to market your apartment.

Know Your Competition and Price Point

So, once you receive your notice, what do you do next? Many landlords often forget to examine the competition and neighboring units for useful information. How does my property compare? What improvements can I do that will make my properties stand out?

We continuously seek advice from our tenants to prioritize improvements within our units and in the common areas. What types of amenities do they want? What do they enjoy most and least about living in our units?

In addition, there are many other great resources available that can help you manage your properties effectively. EBRHA members receive Rental Housing magazine every month, which publishes educational articles about rent increases, property maintenance, legal issues and more. Reading industry trade magazines, browsing websites, attending events and talking to 24 RENTAL HOUSING

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ebrha.com

Marketing Your Units

Digital photos are a must for our properties, and throughout the years we’ve built a bank of photos that allows us to show highquality images to our prospective residents.

If you have a resident with great furniture and decor, ask if they will allow you to take photos of their apartment. Most of the time, our residents are happy to cooperate.

Though most landlords post photos of vacant units, publishing “staged” property photos gives an applicant a more realistic perspective on size and potential. These photos allow prospective residents to imagine themselves living in the apartment and picture it as their home.

Don’t forget to post photos of the building’s exterior and curb appeal. Make sure all trash is picked up, take photos in the best possible light and include photos of well-maintained landscaping.

You should also sell the neighborhood. For example, when we advertise a property in the Lake Merritt neighborhood, we might include a photo of the iconic Grand Lake Theater or the weekend farmers market near Lakeshore Avenue. Location is everything, and both property values and rents go up if your building is close to conveniences and attractions like public transportation, retail, restaurants, parks, and movie theaters.

Showing Units

Because we strive for zero vacancies, we almost always show units while they are occupied. The only exception is when the unit is going to undergo a major remodel. But in most cases, our units are kept in great condition and show well.

Keep in mind that although you have the right to show an occupied unit with a 24-Hour Notice, this outgoing resident is still your customer. So, upon getting the notice to vacate, you should communicate with the resident and discuss convenient showing times.

Also, as most residents work full-time jobs or go to school, they may not see a posted 24-Hour Notice at their door until they come home in the evening, which means they are not getting a full “24-hour notice.” We get better results when we give them a call or stop by and hand them the notice a few days in advance. If the proposed time doesn’t work, we ask what day and time will work with their schedule. We do whatever we can to accommodate.

Always preview an apartment before showing it to your prospective residents. Be sure to check for messes or strange odors.

In reality, if a one bedroom in your area ranges from $1,100 to $1,400 per month, the factor that can most affect price is often times how well it shows.

Of course, how the apartment is kept by the resident will impact it the most. If it shows well, it can be a $100 to $200 bump in rent. If we have a resident whose unit is messy and has not been cleaned for some time, we hire a cleaning service before the showing, which typically makes them very happy and

June 15-18, 2016 San Francisco Dear EBRHA Members, As you may know, the 2016 NAA Education Conference & Exposition will be held on June 15-18, in San Francisco. To make this conference a success, we call on you to get involved by donating some of your time during the conference as an NAA Concierge Volunteer*.

NAA Concierge Volunteers are required to: • Commit a full 4 hours of their time during the 2016 NAA Education Conference & Exposition • Attend a concierge training on June 14 or June 15 • Agree to be properly attired – NAA shirt and black or khaki pants • Provide exceptional customer service to conference attendees In exchange for your time and commitment, NAA will offer a discounted registration rate – a saving worth over $500 and includes the conference materials and access to: • All the Education Sessions • Two General Sessions • Exposition • Thursday and Friday Lunch • Maintenance Mania National Championship Should you wish to attend the Opening Night Party, tickets are available for $200.* To volunteer, please register at www.naahq.org/educonf and type in the code 16HOST. Note that all shifts are first come, first served. More details will be provided once you have registered.

*Suppliers are not eligible for this offer.

Register Now! www.naahq.org/educonf

more receptive to the showing. The $150 on a cleaning service is well worth it in this case.

When it is time to show the unit, be there early. There is a high-chance that applicants have other apartment showings to attend, so they might not have the time or patience to wait a few minutes for your late arrival. Make sure that all lights are on, and open windows and blinds if it is a nice, sunny day.

It is important to be excited about your property during the showing. Talk about the benefits including amenities, management, and location, if applicable. Answer all questions during the walk-through and listen to feedback, whether it is positive or negative. Your customer may have great tips you can incorporate on other units or at a later showing.

It might also benefit you to have your current residents present, if possible, because they may be huge advocates. If you know your residents are happy and you have a good relationship, introduce them to your applicants so they can share their positive experiences. A happy resident can be your best salesperson.

Though we strive to show units while occupied, we occasionally show units that are vacant. The key to showing vacant units is that they must sparkle. Do your best to ensure that flaws are gone because the prospective resident will see everything wrong with the unit when it is vacant.

Applications and Screening

Be prepared to accept applications and holding deposits at your showing, and ensure that your tenant screening policy is up to date. Every owner should have a written screening policy, but most don’t, which is a very common error in the industry. Our screening policy is four pages long and features a lot of “if-then” scenarios.

We screen every applicant by checking their income, credit, evictions (if any), references, income sources, etc. A big mistake that many owners make is looking at credit score only. For example, someone may have a bankruptcy on file, but it doesn’t mean they can’t pay their rent. We always give priority to tenancy history first, income second and credit history third. Visit www.premiumpd.com to view our screening policy.

One important statistic to remember is that 100% of people who were recently evicted are looking for an apartment, and somebody is going to take them. If you have a poor screening policy, you may inherit a tenant with a negative rental history, which could spell trouble.

Once you create a policy, make sure you adhere to it and ensure that you are following all Fair Housing laws. This is very important, as breaking these laws can result in fines and lawsuits, and it is frankly wrong to discriminate. If you aren’t familiar with Fair Housing laws, there are many resources avail-

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

Landlord-Tenant Disputes & Evictions Rent Board Representation Commercial & Residential Transactions & Leasing Purchase and Sales Agreements Real Estate Litigation Land Use, Zoning & Building Permits Corporate, LLC & Entity Formation Probate, Wills & Trusts

480 9th Street Oakland, CA 94607 Tel: 510-625-0100

www.friedwilliams.com 26 RENTAL HOUSING PHOTO: EMILY MAY

| JANUARY 2016 |

ebrha.com

177 Post Street, Suite 800 San Francisco, CA 94108 Tel: 415-421-0100

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

TO GET INVOLVED OR TO DONATE TO THE EBRHA-PAC, CONTACT: NEWS@EBRHA.COM OR VISIT EBRHA.COM/PACDONATION

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RENTAL HOUSING 27

EAST BAY RENTAL HOUSING ASSOCIATION

Donate to the EBRHA PAC today!

I Support the East Bay Rental Housing Association Political Action Committee’s (EBRHA-PAC) efforts to fight for the rights of property owners and managers, and their work on additional rental housing industry issues. I’d like to contribute the following to help the EBRHA-PAC protect my rights.

NEW! DONATE ONLINE AT WWW.EBRHA.COM/PACONLINE Election laws require EBRHA to collect this information. Please be sure to fill in the required fields completely and check the appropriate boxes on this form. PLEASE NOTE: EBRHA-PAC Donations are NOT tax deductible.

NAME EBRHA MEMBER ID/NUMBER

The Bottom Line

This leasing season, we had 183 apartments coming available for rent on June 1. As of May 14, we had exactly four apartments left to rent. If we did not use our system, and utilized the typical model of renting the units when they are vacant, we would likely have one month of lost rent on each turnover. If the average rent on our units is $2,000 per month, that would equal $366,000 in lost rent. This would be an enormous hit to our bottom line. Our system requires a lot of work, but it truly pays off.

Higher Levels of Service

COMPANY

ADDRESS - WE CANNOT ACCEPT THE DONATION IF THE ADDRESS IS A PO BOX.

CITY

DAYTIME PHONE

STATE ZIP

EVENING PHONE

EMAIL

OCCUPATION

EMPLOYER

ZIP CODES YOUR RENTAL PROPERTY UNTS ARE LOCATED IN PLEASE CHECK ONE OF THE FOLLOWING: MY BUSINESS IS A SOLE PROPRIETERSHIP

M Y BUSINESS IS A PARTNERSHIP MY BUSINESS IS A LLC MY BUSINESS IS A CORPORATION SELECT A DONATION AMOUNT: $200

able—including EBRHA—that provide education on this ever-changing topic.

$100

$75

CHECK (PAYABLE TO EBRHA)

$50

OTHER

MASTERCARD

VISA

CARD NUMBER

AMERICAN EXPRESS

Enacting these strategies has allowed us to ensure zero vacancies and charge higher rents, which improves property values and performance. In turn, we are committed to providing exceptional service. Some owners don’t feel comfortable charging maximum rent, but in our experience, higher revenue means you can deliver higher levels of service and amenities. This leads to happier tenants and more money for improvements, new investments, or perhaps that vacation you’ve been dreaming about. RH The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. This article was featured in the June 2013 issue of Rental Housing.

Sam Sorokin is the founder and managing partner of Premium Properties (www.premiumpd. com), a local real estate property management, leasing and investment company founded in 2002. He can be reached at sam@premiumpd. com or 510-594-0794.

EXPIRATION DATE

NAME ON CARD

SIGNATURE

DETACH THIS FORM AND FAX OR MAIL TO THE ADDRESS BELOW East Bay Rental Housing Association 3664 Grand Ave., Suite B Oakland, CA 94610 TEL

510.893.9873 | FAX 510.893.2906

ebrha.com

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Strategic Advice and Assistance in Management and Rent Board Matters

info@rentboardmatters.com

Liz Hart

510-813-5440

Beacon Properties East Bay Property Management & Brokerage Services Since 1990

• We add value to buildings • Experienced and informed • Fully computerized • Integrity and care

Carlon Tanner, Owner/Broker

466 40th Street Oakland, CA 94609 Tel 510-428-1864 Fax 510-601-1917 beacprop@pacbell.net

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COLUMN

government affairs

extending renewable energy tax credits, more funding for conservation and a bigger child tax credit. Depending on the conclusion of the negotiations, the price tag for the final extenders legislation could be north of $500 billion over 10 years as opposed to $85-plus billion for a simple one-year extension of all of the expiring tax provisions. As I have reported to you before, there are several extenders in play that are of great interest to the apartment industry. These have to do with expensing, energy efficiency benefits and affordable housing. All look to be in good shape for inclusion in the final Legislative updates from NAA’s Senior Vice package, though the jury is still out on what the term of that extension will be.

President of Government Affairs. BY GREG BROWN The issue of gun violence, mental health screening and stricter controls on in our political system. The good news gun ownership was put back in front of is that the starting premise is that no lawmakers by the recent terrorist acts one – especially Republicans – wants in San Bernardino, California. Though to shut down the government. With there has been and will continue to be that in mind, everyone is willing to rigorous debate in Congress, it does not negotiate and find the sweet spot on appear that any new legislation will be a comprehensive, “omnibus” federal considered before adjournment. There is appropriations bill. Republicans want relevancy to the apartment industry here to include policy “riders” to stop several as owners and operators grapple with environmental rules promulgated by how to handle conceal carry, open carry the Administration as well as toughen and other laws that allow individuals to vetting standards for Syrian refugees. possess and carry firearms on their person Democrats want to keep out any antiin public. National firms and local indePlanned Parenthood provisions, fend off pendent owners alike are attempting to anti-immigrant proposals and preserve strike a balance between respect for legal some of those very same proposed rights and the safety of their residents. environmental regulations. A rider to Because Congress is very unlikely to pass stop EPA’s Waters of the United States any national standards in this area, own(WOTUS) proposed rule is in the mix hope this finds all of you healthy, ers with property across municipal and for inclusion in the omnibus. As you safe and in the midst of happy state boundaries will have to comply with know, this rule would be very, very bad holiday celebrations with family and for the apartment industry and we have myriad different rules. friends. By the time you settle in to read Remember to mark your calendars been working with a large coalition of my scribblings with a cup of eggnog or for the 2016 NAA Capitol Conference real estate organizations and others to other festive beverage, the House and and Lobby Day which will take place in stop it.

Senate will hopefully have closed the March in Washington, D.C. NAA has a In the tax extenders bill, Democrats book on the first session of the 114th new and ambitious goal for the event. want extension, expansion and indexing Congress. They have already successWe’re going to reach of several refundable tax fully passed the first long-term highway every one of the 535 credits while Republicans bill in a decade and now have only to “Using our grassCongressional offices want to make some of knock out federal appropriations and – that’s 435 Representheir favorite business tax roots power is crititax extenders. No small feat to be sure, cal to our advocacy tatives and 100 Senaprovisions permanent. but apparently with Paul Ryan now efforts on your tors – on Lobby Day on Moreover, Republicans Speaker of the House, the policy world behalf. Help us help March 9. The Capitol want to end the 40-yearis our oyster. you by coming to Conference will be held old ban on exports The final weeks of debate on Federal Washington and the day before, startof domestic oil which appropriations spending are a valucarry our message ing right after lunch Democrats are happy to able lesson in how large bills get done with an issues orientagive them in exchange for to Congress.”

A Lesson in How the Work Gets Done

I

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EARTHQUAKE AND STRUCTURES, INC. tion and advocacy training followed by keynote speaker Joe Scarborough, a former member of the House and host of MSNBC’s Morning Joe. While members of the House will be in recess the week of March 7, NAA members can schedule meetings with their important key staff members in Washington and just as importantly schedule meetings with all 100 members of the U.S. Senate, which will be in session. NAA members who aren’t planning to attend the Capitol Conference will help us reach our goal by scheduling meetings or property tours at home with their Representatives that week.

Using our grassroots power is critical to our advocacy efforts on your behalf.

Help us help you by coming to Washington to carry our message to Congress. RH Greg Brown is the Senior Vice President of Government Affairs with the National Apartment Association. He can be reached at 703-797-0615 or greg@naahq.org.

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COLUMN

esq. & a

moved in with, and at the same time as, the tenant who signed the original rental agreement. Other decisions seem to say that if the original rental agreement permits subleasing, then a subtenant can be an original occupant who took possession pursuant to the rental agreement.

Some rent boards take the position that if the owner treats the subsequent occupant as a tenant, they become an original occupant under Costa Hawkins.

An owner does this by either entering into an agreement with the subtenant, Owner’s rights under the Costa Hawkins Rental taking rent from the subtenant, or comHousing Act. BY CLIFFORD FRIED municating with the subtenant as if they were the original occupant who signed the rental agreement.

Because of the uncertainty in the law, and the position taken by the rent boards, it is recommended that owners: 1.) Never take rent from a subsequent occupant, subtenant, guest or anyone who didn’t sign the rental agreement.

Return such rent payments and ask that the tenant on the lease make the payment.

2.) Never sign an agreement with a subsequent occupant, subtenant, guest or anyone who didn’t sign the original rental agreement. If the owner consents to the substitution, allow it to happen, don’t object, but don’t sign anything with the new occupant. If the departing tenant insists on something in writing, write them a note saying “goodbye.” Signing an agreement with the subsequent occupant arguably creates a new tenancy for purposes of Costa Hawkins.

I had two tenants sign a rental ant or assignee, when the last original 3.) Avoid communicating with a agreement and now one of the occupant who took possession pursusubsequent occupant, subtenant, guest or two is moving and wants his friend ant to the rental agreement no longer anyone who didn’t sign the rental agreeto take his place. What should an permanently resides in the unit. This ment. Don’t exchange emails or letters owner do when an original occulaw doesn’t apply to partial changes in with these people. pant who took possession under the occupancy. All original occupants must 4. Avoid serving notices on a subrental agreement with the owner vacate before the owner can raise the sequent occupant, subtenant, guest or moves out, no longer permanently rent to market. anyone who didn’t sign resides in the unit, and a replaceCosta Hawkins “Some rent boards the rental agreement. ment roommate takes the place of isn’t clear about what take the position Since they are not your the departing original occupant? My constitutes an original that if the owner tenants, don’t increase property is in Oakland and is subject occupant who took postreats the subsetheir rent or change the to the Rent Adjustment Ordinance. session pursuant to the quent occupant as a terms of their tenancy. rental agreement. Some tenant, they become They have no tenancy The Costa Hawkins Rental published decisions seem an original occuwith you.

Housing Act permits an owner to to say that an original pant under Costa One of the difficulties raise the rent to market to a subtenoccupant is a person who Hawkins.” landlords have in not

Q

A

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RENTAL HOUSING 33

LOOKING FOR A MEETING SPACE FOR YOUR BUSINESS GROUP?

waiving their rights under Costa Hawkins is that most local rent laws define “tenant” to include subtenants. Sometimes, these local laws will require you to provide a benefit to a subtenant which would not be required under State law.

Some attorneys recommend that when a subsequent occupant, subtenant, guest or anyone who didn’t sign the rental agreement moves in, a notice should be served stating that they are not considered an original occupant pursuant to the rental agreement and that when the last original occupant vacates, the rent will increase under Costa Hawkins. There is no harm to serving such a notice, but it isn’t required by law. But this notice should not be an agreement! —CLIFFORD FRIED

The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Clifford Fried is an attorney with Fried & Williams LLP and can be reached at 510-625-0100 or www. friedwilliams.com.

EBRHA’s office space offers two room rental options: a conference room for seating up to 18 people or a classroom space with up to 40 seats.

The rooms are perfect for: • Meetings with clients • Club or group meetings • Workshops and classes Our office is conveniently located in the Grand Lake neighborhood, with plenty of street and metered parking. Our office is wheelchair friendly.

A/V services available.

Hours available: 9:00 - 5:00 p.m., Monday - Friday

DO YOU KNOW IF YOUR INSURANCE POLICY HAS THESE IMPORTANT COVERAGES? R Wrongful Eviction R Loss of Rent R Building Code Upgrade R Loss of Value If you are not sure, come in or call for a free review and a free quote. It may be time to upgrade your policy.

Call or email today for an appointment.

CONTACT 510-893-9873 OR GO TO EBRHA.COM FOR RATES AND SCHEDULING (REQUESTS SUBJECT TO APPROVAL)

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FOR ALL OF THIS MONTH’S EVENTS, CHECK OUT THE CALENDAR PAGE ON PAGE 36.

VISIT EBRHA.COM/ CALENDAR OR CALL 510-8939873 TO REGISTER TODAY!

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RENTAL HOUSING 35

community calendar EVENTS & CLASSES

january

february

NOTE: WORKSHOPS HELD AT OUR NEW OFFICE AT 3664 GRAND AVE, SUITE B IN OAKLAND

NOTE: WORKSHOPS HELD AT OUR NEW OFFICE AT 3664 GRAND AVE, SUITE B IN OAKLAND

FRIDAY, JANUARY 1 EBRHA Office Closed MONDAY, JANUARY 11 Rent Board Roundtable

THURSDAY, FEBRUARY 4 Raising Rents in Berkeley Presented by the Berkeley Rent Stabilization Board Members: Free; Non-members: $69 2:00 p.m. - 3:30 p.m.

An informal roundtable for members that have or had a rent board hearing. Members are encouraged to bring their paperwork for a sharing and learning opportunity.

MONDAY, FEBRUARY 8 Rent Board Roundtable

Moderated by Jill Broadhurst, CCRM, EBRHA 10:00 a.m. - 11:00 a.m.

Note: Free to Members only SATURDAY, JANUARY 16 EBRHA Membership Meeting (Members only) Topics: • News Laws for 2016 Presented by Ron Kingston, EBRHA Lobbyist 10:00 a.m. - Noon Note: Please enter through back door on Weldon Avenue and ring doorbell for access. Street parking only.

WEDNESDAY, JANUARY 20 Small Property Owners Roundtable An informal roundtable to discuss issues, experiences, and solutions to rental property management issues.

Moderated by Jill Broadhurst, CCRM, EBRHA 10:00 a.m. - 11:00 a.m.

Note: Free to Members only TUESDAY, JANUARY 26 Dealing with Nuisance Tenants Presented by Michael Shepherd, The Shepherd Law Group Members: $39; Non-members: $69 2:00 p.m. - 3:30 p.m.

THURSDAY, JANUARY 28 Lunch-n-Learn: Savvy Social Security Workshop Presented by Terry Allen, CFP®, AWMASM $20 for Members and their Guests Lunch is provided and available at 11:45 a.m.

Seating is limited, Registration deadline is January 27 Advanced registration required at www.ebrha.com/events Noon - 1:30 p.m.

An informal roundtable for members that have or had a rent board hearing. Members are encouraged to bring their paperwork for a sharing and learning opportunity.

Moderated by Jill Broadhurst, CCRM, EBRHA 10:00 a.m. - 11:00 a.m.

Note: Free to Members only THURSDAY, FEBRUARY 11 Tax Deferral Strategies, IRS Section 1031 Presented by Ralph Bunje, Independent Exchange Services Members: Free; Non-members: $69 2:00 p.m. - 3:30 p.m.

MONDAY, FEBRUARY 15 EBRHA Office Closed TUESDAY, FEBRUARY 16 Lunch-n-Learn: Estate Planning Presented by Terry Allen, CFP®, AWMASM $20 for Members and their Guests Lunch is provided and available at 11:45 a.m.

Seating is limited, Registration deadline is February 15 Advanced registration required at www.ebrha.com/events Noon - 1:30 p.m.

WEDNESDAY, FEBRUARY 17 Small Property Owners Roundtable An informal roundtable to discuss issues, experiences, and solutions to rental property management issues.

Moderated by Jill Broadhurst, CCRM, EBRHA 10:00 a.m. - 11:00 a.m.

Note: Free to Members only SATURDAY, FEBRUARY 20 EBRHA Membership Meeting (Members only) Topics: • Legal Q&A—Clifford Fried, Fried & Williams LLP

• Financial Planning & Tax Tips—Kirk Dobson, David White and Associates 10:00 a.m. - Noon Note: Please enter through back door on Weldon Avenue and ring doorbell for access. Street parking only.

TUESDAY, FEBRUARY 23 Landlord Basics Presented by Jill Broadhurst, CCRM, EBRHA Free to Members and Non-members 2:00 p.m. - 3:30 p.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.

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Oakland RENT ADJUSTMENT PROGRAM FEE

Annual fees are $30 per unit and are due March 1. Owners are allowed to pass through $15 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.

LANDLORD PETITION FOR EXEMPTIONS

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

ANNUAL ALLOWABLE RENT INCREASE

2015-16 (1.7%) A CPI increase of 1.7% becomes effective on July 1, 2015. 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 ‘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 JUNE 1 ‘04 - MAY 30 ‘05. . . . . . . . . . 0.7 Visit www.ebrha.com/members to see previous adjustments.

CAPITAL IMPROVEMENTS INCREASE FORMULA

FOR FURTHER INFORMATION CONTACT:

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

(70 % of Improvement Costs ÷ Number of Units) 60 months or 5 years REFER TO ORDINANCE FOR NOTICING, QUALIFICATIONS AND AMORTIZATION PERIODS.

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

2016 (1.5%) 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 Fried & Williams LLP Clifford Fried 510-625-0100 www.friedwilliams.com Law Offices of Brent Kernan Brent Kernan 510-712-2900 bkernan@aol.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 Ed Nagy and Alan J. Horwitz 510-839-2074 The Shepherd Law Group Michael Shepherd 510-531-0129 www.theshepherdlawgroup.com

ABATEMENT SERVICES

P.W. Stephens Environmental Kimberly MacFarlane 510-651-9506 www.pwsei.com Water Damage Recovery Rick Walker 800-886-1801 www.waterdamagerecovery.net 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 APPLIANCE SALES & PARTS

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

ATTORNEYS - LAND USE/CONDO CONVERSION

APPRAISERS

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

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

BOMA Oakland/East Bay Stephen Shepard 510-893-8780 www.bomaoeb.org Oakland/Berkeley Association of Realtors Davina Lara 510-836-3000 oaklandberkeleyaor.com Oakland Chamber of Commerce Barbara Leslie 510-874-4808 www.oaklandchamber.com ATTORNEYS - EVICTIONS/PROPERTY OWNER DEFENSE

Bornstein & Bornstein Daniel Bornstein 510-836-0110, x1007 www.bornsteinandbornstein.com Buresh, Kaplan, Feller & Chang Fred Feller 510-548-7474 www.bureshkaplan.com Ericksen Arbuthnot Jason Mauck 510-832-7770 www.ericksenarbuthnot.com 38 RENTAL HOUSING

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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 ATTORNEYS - REAL ESTATE/CORP.

Buresh, Kaplan, Feller & Chang Fred Feller 510-548-7474 www.bureshkaplan.com Ericksen Arbuthnot Jason Mauck 510-832-7770 www.ericksenarbuthnot.com Fried & Williams LLP Clifford Fried 510-625-0100 www.friedwilliams.com Jack Schwartz, Attorney at Law Jack Schwartz 650-863-5823 jwsjr1220@comcast.net 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 AUTOMOTIVE

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

Chase Commercial Josh Milnes 510-891-4545 josh.milnes@chase.com ebrha.com

Chase Commercial Ted Levenson 415-945-5430 ted.levenson@chase.com Chase Commercial Neil O’Callaghan 415-315-8901 neil.ocallaghan@chase.com First Federal Savings & Loan Assoc.

Anthony Moreno 415-460-2657 www.ffsavings.com First Foundation Bank Michelle Li 510-250-8133 www.ff-inc.com Intervest Mortgage Marc Lipsett 510-622-8515 www.intervest-mortgage.com Luther Burbank Savings Larry Miller 925-627-2790 www.lutherburbanksavings.com NorthMarq Capital Dan Baker 415-433-4145 www.northmarq.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

American Bath Enterprises, Inc. Larry Arcadi 510-785-2600 www.americanbathind.com APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com Bathfitter Rod Mills 510-969-3905 www.bathfitter.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 CABINETS & COUNTERTOPS

Elegant Stone & Cabinets Linh Duong 925-954-8845 www.elegantstoneandcabinets.com CARPET CLEANING

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

vendor directory COLLECTION AGENCIES

Credit Bureau Associates Kathy Parsons 800-564-6440 www.cbacredit.com CONSTRUCTION

A-One Construction Dirksen Rogers 408-690-0890 www.a-oneconstruction.com APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com D.W. Hamilton Construction, Inc. D.W. Hamilton 510-919-0046 www.dwhamiltonconstruction.com Going Green Dan Antonioli 510-652-7593 www.going-green.co KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Schafer Construction, Inc. Mike Barker 510-568-7200 www.schaferconstructioninc.com 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 510-835-3073 www.arc-ca.com Har-Bro Restoration Inc. Sonia Fuetsch 650-670-2364 www.harbro.com Servpro of Lafayette/Moraga/Orinda Jenny Villena 925-299-1323 servpro9542@sbcglobal.net Water Damage Recovery Rick Walker 800-886-1801 www.waterdamagerecovery.net DOORS & GATES

R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com Rex Key and Security Joe Towbis 510-527-7000 www.rexkey.com SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com

Statcomm Inc. Cherie Anderson 650-988-9508 www.statcomm.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com

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

APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com Halcyon Properties Roger Shane 510-847-7075 rbshane@aol.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Start to Finish Christopher Bailey 510-727-9128 cpmbailey@sbcglobal.net

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

HAULING SERVICES

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

FINANCIAL PLANNING

David White & Associates Miguel Delgado 925-277-2635 www.dwassociates.com Enhance Wealth Advisors Terry Allen, CFP®, AWMA SM 925-932-8609 info@enhancewa.com

HEATING & AIR CONDITIONING

FIRE EXTINGUISHER SALES & SERVICES

Best Equipment Co. LLC Denise Haughin 510-655-8882 bestfireequipment@att.net FIRE PROTECTION

HOME WARRANTIES

Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com Statcomm Inc. Cherie Anderson 650-988-9508 www.statcomm.com

First American Home Warranty Megan Cormier 707-596-5334 mcormier@firstam.com HUMAN RESOURCES MANAGEMENT

Avitus Group Lance Harris 925-827-0680 www.avitusgroup.com

FLOOR COVERINGS

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

INSPECTIONS

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

GOVERNMENT AGENCIES

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

Going Green Dan Antonioli 510-652-7593 www.going-green.co

Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Hassler Heating & Air Conditioning Mike Hassler 510-848-3030 www.hasslerheating.com

Bulloch Insurance Brokers, Inc. Curt Bulloch 925-640-0485 www.curtbulloch.com Commercial Coverage Insurance Paul Tradelius 415-436-9800 www.comcov.com CSE Insurance Group David Earwood 925-817-6497 www.cseinsurance.com Capital Insurance Group John Reynoso 1-800-682-9255, x7519 jreynoso@ciginsurance.com

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vendor directory Commercial Coverage Insurance Paul Tradelius 415-436-9800 www.comcov.com David E. Quan Agency Insurance Brokerage Xavier Quan 510-653-8880 www.dquanagy.com The Greenspan Co./Adjusters Int’l.

Rich Hallock 866-331-4790 www.greenspan-ai.com Jain L. Williams - State Farm Insurance Jain L. Williams 510-530-3222 www.jainwilliams.com Kelly Lux – State Farm Insurance Kelly Lux 510-521-1222 Kelly.lux.gjcg@statefarm.com Ruth Stroup Insurance Agency Ruth Stroup 510-874-5700 www.stroupinsurance.com Stone Creek Insurance Agency Tom Lynch 925-297-4202 www.stonecreekinsurance.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 Statcomm Inc. Cherie Anderson 650-988-9508 www.statcomm.com INVESTMENT OPPORTUNITIES

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

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PEST & VECTOR CONTROL

Alameda Co. Vector Control Services Daniel Wilson 510-567-6826 daniel.wilson@acgov.org Terminix Robert Sater 510-489-8689 www.terminix.com Times Up Termite Mike Barker 510-568-7200 www.timesuptermite.com PLUMBING/WATER HEATERS

Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Frank Bonetti Plumbing Dan Bonetti 510-582-0934 www.bonettiplumbing.com L. J. Kruse Co. Janell Yates 510-644-0260 www.ljkruse.com Roto-Rooter Martin Alvarez 510-755-1262 sanactma@aol.com

PROPERTY MAINTENANCE SOFTWARE

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

Alameda County Healthy Homes Dept.

Julie Twichell 510-567-8252 www.aclppp.org

40 RENTAL HOUSING

PAINT

The Sherwin-Williams Co. Sean Callahan 925-932-3363 x134 www.sherwin-williams.com

APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com

LEAD, MOLD & PEST MANAGEMENT

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

MARKET RESEARCH

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

PROPERTY MAINTENANCE

Coinmach Claudette Lucey 510-909-9786 www.coinmach.com Excalibur Laundries Carlos Barraza 510-872-1554 www.excaliburlaundries.com Innovative Coin Cheri Guffey 510-259-1494 www.innovativelaundry.com

LITIGATION SUPPORT SERVICES

LOCKSMITH EVICTION SERVICES

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

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

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

Bay Property Group Daniel Bornstein 510-836-0110 www.baypropertygroup.com Beacon Properties Carlon Tanner 510-428-1864 www.beaconprop.com Canyon Pacific Management Tom Scripps 415-495-4739 www.canyonpacific.com Cedar Properties Jonathan Weldon 510-834-0782 www.cedarproperties.com Crane Management Kit Crane 510-918-2306 www.cranemanagment.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 Oaktown Urban Properties Michael Moynihan 415-572-0334 www.oaktown-up.com OMM Inc./Mason Management Janice Mason 510-522-8074 www.ommhomes.com Premium Properties Sam Sorokin 510-594-0794 www.premiumpd.com Shaw Properties Judy Shaw 510-665-4350 www.shawprop.com Sphinx Property Management Jon Goree 510-798-9299 www.sphinxpm.com 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

NWP Services Corporation Kyle Gambrell 949-253-3262 www.nwp.com

vendor directory On-Site Janis Rossi 408-795-4167 www.on-site.com REAL ESTATE BROKERS & AGENTS

Advent Properties, Inc. Benjamin Scott 510-289-1184 www.adventpropertiesinc.com ARA Pacific Mike Colhoun 415-273-2177 www.arausa.com Caldecott Properties Andy Read 510-594-2400 www.caldecott.com CBRE Keith Manson 510-874-1919 www.cbre.com Coldwell Banker – Apartment Specialist John Caronna 925-253-4648 www.eastbayIREA.com Coldwell Banker Commercial Henry Ohlmeyer 925-831-3390 www.coldwellbanker.com Edrington & Associates Steven Edrington 510-749-4880 sedrington@msn.com Home & Investment Realty George Vassiliades 510-710-6826 www.propertiesbygeorge.com Lapham Company Tsegab Assefa 510-594-0643 www.laphamcompany.com Litton/Fuller Group Luke Blacklidge 510-548-4801, x130 www.littonfullergroup.com Marcus & Millichap 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 Property Counselors Link Corkery, Inc. Link Corkery 510-886-1212 www.pclclink.com Red Oak Realty Kevin Hamilton 510-250-8780 kevin@redoakrealty.com Woodminster Real Estate Co Inc. Nicholas Drobocky 510-336-0202 www.woodminsterrealty.com

RECYCLING/REUSE

SEISMIC ENGINEERING

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

Earthquake & Structures, Inc. B.K. Paul 510-601-1065 www.esiengineers.com W. Charles Perry & Associates W. Charles Perry 650-638-9546 www.wcharlesperry.com

RENT CONTROL CONSULTANTS

Alan K. Beales 510-339-9776 Bay Property Group Cristian Villarreal 510-474-7404 cristian@baypropertygroup.com

SOLAR ENERGY

Sun Light & Power Martin Morehouse 510-809-3686 martin@sunlightandpower.com

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

SUBMETERING

NWP Services Corporation Kyle Gambrell 949-253-3262 www.nwp.com

Liz Hart 510-813-5440 liz.hart1801@gmail.com St. John and Associates (Berkeley only) Michael St. John 707-937-3711 msjetal@pacbell.net RENTAL SERVICES

Hamilton Properties Bay Area Delesha Hamilton 404-606-2141 www.hamiltonpropertiesbayarea.com ROOFERS

A-One Construction Dirksen Rogers 408-690-0890 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

ADT Security Systems Bobby Augusto 925-222-8034 www.adt.com 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

Adobe Soil & Structures Mark Almeida 510-919-1880 www.adobesoils.com B.A.S.S. Seismic Retrofit D.W. Hamilton 510-919-0046 www.bassseismicretrofit.com West Coast Premier Construction, Inc. Homy Sikaroudi 510-271-0950 www.wcpc-inc.com

TENANT SCREENING SERVICE

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

Ken Betts Towing Services Ayub Azam 510-532-5000 www.kenbettscompany.com PPI Towing Stephanie Gipson 510-533-9600 www.ppitowing.net TREE SERVICE

Bartlett Tree Experts Tony DeMola 925-934-6306 www.bartlett.com Coastal Tree Service Hans Waller 510-693-4631 www.coastaltreeservice.com TUB, TILE & COUNTERTOP REFINISHING

Discovery Coatings Gargie Balarbar 415-971-8207 www.discoverycoatings.com UTILITY MANAGEMENT

NWP Services Corporation Kyle Gambrell 949-253-3262 www.nwp.com WASTE & COMPOST COLLECTION

Bay Area Bin Support Nancy Fiame 888-920-BINS www.bayareabinsupport.com Waste Management Company David Tucker 510-430-8509 www.wastemanagement.com WINDOWS

SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com ebrha.com

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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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Frank Fiala Roofing. . . . . . . . . . . . . . . . . . . . 33 General Roofing Co. . . . . . . . . . . . . . . . . . . . 27 WATERPROOFING

Applied Waterproofing Systems . . . . . . . . 35 WASTE & COMPOST COLLECTION

Bay Area Bin Support. . . . . . . . . . . . . . . . . . 17 WINDOWS, DOORS & SIDING

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

| JANUARY 2016 |

ebrha.com

SGK Solutions.. . . . . . . . . . . . . . . . . . . . . . . . 44 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.

New Curbside Bulky Pickup for Oakland Apartments & Condos!

Schedule Curbside or Bin Collection at Your Convenience Mattress set left by the last move out? Utility closet overflowing? Microwave kaput?

No worries. As part of the City of Oakland’s new Zero Waste program, your building is entitled to collection of 1.5 cubic yards per unit of non-recyclable material, plus a set number of eligible recyclable items per unit, annually at no additional charge.*

1.5 Yards of Non-Recyclable Material

Eligible Recyclable Items

Eligible Recyclable Items Per Unit: • 1 large appliance • 2 monitors • 2 tires including tires on rims • 2 mattresses

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No hazardous waste, bagged items over 75 pounds, rocks, dirt or concrete.

Bundled materials must not exceed four feet in length.

Alternately you may order a roll off bin for a building-wide cleanup event (special set-out requirements apply to the eligible items listed above). You can customize this service to your needs. This is another way Oakland Recycles is helping to create a greener, cleaner Oakland.

Call Waste Management today at (510) 613-8710 to schedule your bulky pickup. *For example, a 10-unit building is entitled to collection of 15 cubic yard of Non-Recyclable Materials, plus 10 times the number of Eligible Recyclable Items listed above. For your convenience, the allocation and usage are tracked on your monthly bill.

925-344-5755 877-264-6964

(Call Now For a Free Estimate)