Rental Housing - January 2017 by Rental Housing

Rental

Housing EAST BAY RENTAL HOUSING ASSOCIATION | JANUARY 2017

Q&A on Richmondâ&#x20AC;&#x2122;s New

RENT CONTROL LAWS PLUS: NEW OAKLAND LAWS GO INTO EFFECT FEBRUARY 1, 2017 UPDATED EBRHA RENTAL FORMS NOW AVAILABLE

Contents

East Bay Rental Housing Association

JANUARY 2017

Volume XIV, Number 1 | January 2017 EBRHA OFFICE

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

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

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

Esteban Cortez | ecortez@ebrha.com ACCOUNTING MANAGER

Cathy Hayden | chayden@ebrha.com MEMBERSHIP & EDUCATION ASSISTANT

Benefits of Smoke-free Housing

Richmond Rent Ordinance Q&A BY MATTHEW QUIRING

BY TAMIKO JOHNSON

Monica Wong | mwong@ebrha.com MARKETING & EVENTS COORDINATOR

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

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

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

PUBLISHED BY

East Bay Rental Housing Association PUBLISHER

An Owner’s Guide to Disclosures

Wayne C. Rowland MANAGING EDITOR Jill Broadhurst EDITOR Tina Bocheff ART DIRECTOR & COPY EDITOR Esteban Cortez

BY RON KINGSTON

ADVERTISING

Tina Bocheff | 510.318.8303

Features & Columns 32 GOVERNMENT AFFAIRS Great Advocacy Means Carrying the Message BY GREG BROWN

NEWS

Updated EBRHA Rental Forms Now Available 8

EVENT PHOTOS

TENANT SCREENING

Beyond the Credit Report

BY KAYCEE WEGENER

FAIR HOUSING

Making Reasonable Accommodations

BY ANGIE WATSON-HAJJEM

34 ESQ&A Bringing Your Units to Market BY STEVE WILLIAMS

EBRHA’s 2016 Holiday Party BY EBRHA STAFF

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Events & Directory

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

Rental Housing (ISSN 1930-2002-Periodicals Postage Paid at Oakland, California. POSTMASTER: Send address changes to RENTAL HOUSING, 3664 Grand Ave., Suite B, Oakland, CA 94610. Rental Housing is published monthly for $36 per year by the East Bay Rental Housing Association (EBRHA), 360 22nd Street, Suite 240, Oakland, CA 94612. Rental Housing is not responsible for the return or loss of submissions or artwork. The magazine does not consider unsolicited articles. The opinions expressed in any signed article in Rental Housing are those of the author and do not necessarily reflect the viewpoint of EBRHA or Rental Housing. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services. If legal service or other expert assistance is required, the services of a competent person should be sought. Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by EBRHA, express or implied, of the advertiser or any goods or services offered. Published monthly, Rental Housing is distributed to the entire membership of EBRHA. The contents of this magazine may not be reproduced without permission. Publisher disclaims any liability for published articles. Printed by Jostens Printing Co. Copyright © 2017 by EBRHA. All rights reserved.

PHOTO: BILL WILLIAMS, CC BY 2.0

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contributors TAMIKO JOHNSON Tamiko Johnson is a Project Manager at the Alameda County Tobacco Control Program, a program of the Alameda County Public Health Department which focuses on ensuring all Alameda County residents can breathe clean air by implementing policy change and providing prevention and cessation resources. She is a proud Oakland native, a long-time public health advocate, and an avid home cook.

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.

MATTHEW QUIRING Matthew Quiring graduated from the University of California, Berkeley with a degree in psychology, and received his law degree from the University of California, Davis School of Law in 2008. Prior to joining Fried & Williams in 2014, Matthew was in private practice in Berkeley with over five years of experience resolving and litigating landlord-tenant disputes in Alameda County.

ANGIE WATSON-HAJJEM Angie Watson-Hajjem is the Fair Housing Coordinator for ECHO Housing, a nonprofit housing counseling agency. Angie investigates housing discrimination cases and provides counseling, mediation, and fair housing education to members of the rental housing industry, tenants and the community at large.

KAYCEE WEGENER Kaycee Wegener is an associate of Rentec Direct, providers of property management software and tenant screening services. As Rentec Direct’s Content Strategist, Kaycee informs and entertains rental property owners and managers who seek industry related tips and trends. To learn more about Kaycee or Rentec Direct, visit www.rentecdirect.com

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

Go to ebrha.com/legal-fund

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Reminder: Important Oakland Rent Ordinance Changes Effective February 1, 2017 Oakland city council passed changes

Updated EBRHA Rental Forms Now Available new rental housing laws effective in 2017, EBRHA is providing many updated rental forms to ensure they are compliant with local and state laws. Among the many forms that were updated is a new rental agreement, which includes all required state and local disclosures. The updated forms are in addition to the dozens of rental housing forms already available to you as an EBRHA member. As always, forms will be conveniently available online and per request in our office. To download forms online, simply go to www.ebrha.com, click on “Members”and enter your member ID and password. Finally, click on “Download Exclusive Member Forms” to see the complete list of forms available to you. EBRHA will continue to update additional forms in 2017. IN RESPONSE TO

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to the Oakland Rent ordinance affecting capital improvements, owner-occupied building exemptions, rent increase petitions and more at the September 20 city council meeting. The changes—which go into effect February 1, 2017—are as follows: Capital improvements will no longer be based on 5 years, but rather “useful life.” Additionally, imputed financing costs will be allowed in a schedule, to be determined by the Rent Board. All other restrictions remain in place; Owner-occupied Exemptions: The waiting period for exemption from rent control for 2-3 unit owner-occupied buildings has been extended from 1 year to 2 years; Rent Increase Petitions: Renters will have 90/120 days, rather than 60 days, to contest rent increases depending on if a RAP notice has been served or not (renter has 120 days if RAP notice was not served); Rent Board Translation Services: Language translation services will be provided by the Rent Board to all persons who request it. Measure JJ: Aside from these changes, voters in the City of Oakland approved Measure JJ (Renter’s Upgrade Act) with a majority vote. The following was passed under the measure: pre-petition required for all increases above the annual allowable increase (CPI, currently 2%); no pre-petitioning needed for banking; Just Cause will now include properties built before December 31, 1995 (currently set at 1980); more power is given to the Oakland Rent Board; and substantial rehabilitation has stricter requirements. This measure is also effective February 1, 2017. EBRHA does not believe the changes are over. Other punitive policies being discussed are owner

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move-in and code-enforcement relocation costs, as well as a proactive inspection program. To download the ordinance, go to www.ebrha.com/city-of-oakland.

Congratulations to Elected EBRHA Board Members Thank you to all the members who

attended the November 19 meeting and voted in five Board Members for the 2017-2019 term. Congratulations and a warm welcome to: Nathan DurhamHammer, Jason Russell and Brent Kernan. And congratulations to Symon Chang and Conor Murphy for being re-elected to serve another term. EBRHA look forward to seeing what their expertise brings to the Association in the new year.

The 2017 Annual General Adjustment in Berkeley is 1.8% At its regular meeting on October 17, 2016, the Berkeley Rent Stabilization Board adopted the Annual General Adjustment (AGA) Order for year 2017, which will allow eligible rental property owners to increase the 2016 permanent rent ceilings by 1.8%. The 2017 AGA of 1.8% represents 65% of the increase in the Consumer Price Index (CPI) for All Urban Consumers in the Bay Area during the period from July 1, 2015 - June 30, 2016, which was 2.7% as posted by the Bureau of Labor Statistics. The 65% of CPI formula was approved by Berkeley voters in the November 2004 general municipal election. See Berkeley Municipal Code section 13.76.110A. for rules related to establishing the AGA. The 2017 AGA may not be charged to tenants whose tenancy began on or after January 1, 2016, and who had their rents set pursuant to the Costa-Hawkins Rental Housing Act. RH

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EVENT PHOTOS

EBRHA’s 2016 H

BRHA members, board and staff gathered at our annual end of year holiday party at Eve’s Waterfront. EBRHA members and their guests enjoyed tasty food and refreshments, reveled in the views of the water at Jack London Square, and celebrated the Association’s many accomplishments of 2016. Thank you to EBRHA’s Holiday Party sponsors for making this event possible:

PHOTOS BY ESTEBAN CORTEZ

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Holiday Party!

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COLUMN

tenant screening

Blanks or Typos on the Application — Serious applicants should treat their rental application like a job application. Just as mistakes and empty spaces would put someone low in the applicant pool for a new hire, the same should be true for rental applicants. A misspelled street name or inaccurate reference phone number can demonstrate negligence but it could also be an attempt to mislead the Tenant screening red flags to look for during the owner. Similarly, if your applicant left parts of their application blank, it might application process. BY KAYCEE WEGENER signal that they aren’t serious about getoutlined in your rental ting approved or they don’t want you listing ad? Did you ask investigating further because they have them to drive by before something to hide. contacting you? Did Refusing to Provide their Social Secuthey call you when you rity Number — With all the hype around asked for an email? Did identity theft these days, some individuals they disturb the curare extremely resistant about providing rent tenants when you their social security number. But expeexplicitly asked them rienced renters understand that credit not to? Subtle disregard checks are part of the rental process and for instructions could credit is only verified with a social secumean bigger problems rity number. A qualified tenant should down the road should be pleased with your thorough screening they decide to ignore criteria as it demonstrates your value in important rules in a finding the best renters. lease agreement. Living with a Family Member – While How your applicants there might be legitimate reasons for very rental property owner and act during their first interaction with an applicant to claim they are currently manager knows that a good you demonstrates their professionalliving with a family member, they could tenant can make or break your ism and willingness to pay attention to be hiding the true identity of their past rental experience. Screening your applidetails. A good owner will begin taking property manager. It is also not uncomcants before they sign a lease is the only mental notes of behaviors that triggers mon for people with poor rental histories way to find the most qualified resident warning signs for a potentially probto stay with family members or use them for your property. Failing to do a proper lematic tenant. Take a look at these red as a reference. tenant screening can result in significant flags that could pop up even before you Moving Too Often — Finding long loss of income due to late or unpaid run a credit report, saving you valuable term tenants is an owners dream, so payrent, property damages, or dealing with screening time. ing attention to your applicant’s moving an eviction process. Complaints about the Applicahistory can signal a short term tenancy. Establishing standard screening tion Process — Most qualified tenants Applicants that have more than 3 previcriteria helps owners set themselves up understand that part of the renting proous addresses in the past 5 years should for a positive rental experience. There cess involves some sort of application. warrant further investigation. Are they are two important traits an experienced A tenant with nothing to hard to please? Is it difowner looks for in a prospective tenant hide will be happy to pro- “While there are ficult for them to hold a – the ability to pay rent on time and the vide personal information several red flags steady job? ability to care for the property. that might make to move forward with an Asking to Pay Rent Beyond standard tenant screenapplication to secure your you hesitant in Cash — Renters who ing reports that expose credit history about approving rental property. Anyone deal in cash or who and criminal background on a rental an applicant to who questions the need won’t deliver rent with applicant, there are other red flags that live in your rental to verify employment, a check or through owners should be wary of. property, it is always online payment options, credit, and references Screening starts during the first point might be concerned about important to stay may have something to of contact between you and your applicompliant with the uncovering something hide. Cash payments cant. Do they follow the instructions law.” negative. can signal that they are

Beyond the Credit Report

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PHOTO: RUTGER VAN WAVEREN, CC BY 2.0

EARTHQUAKE AND STRUCTURES, INC. working under the table and can’t verify income, or in a worst case scenario, it could mean they are engaging in criminal activity. Wanting to Move in Quickly — If your rental applicant needs a place right now, it could be a warning that they are either fleeing their old place very quickly, or they’re not very good at planning and organizing their lives. Both reasons imply that they may have trouble paying the rent fully and on time. Negative Reference — The best way to receive an honest reference about an applicant is to ask questions about a previous tenant’s renting behavior (not about their personal behavior). Did the tenant have a history of late payments? Did the tenant terminate their lease early? How much of the security deposit was refunded? Late payments, disrespecting lease terms and forgoing the entire security deposit are big red flags for poor tenancy. Doesn’t Want You to Contact Current Employer — If your applicant doesn’t want you to contact their employer for any reason this is a big red flag. Verifiable income and employment references are legitimate screening criteria that your tenants should be willing to share. If an applicant is moving from out of state and claims that he doesn’t want their current employer to know about the move yet, exercise caution when moving forward with this applicant. While there are several red flags that might make you hesitant about approving an applicant to live in your rental property, it is always important to stay compliant with the law. Property owners and managers must provide legitimate reasons for denying a rental applicant if asked. They must also follow regulations outlined by the Fair Housing Act and enforce the same screening criteria for every applicant. RH

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Kaycee Wegener is an associate of Rentec Direct, providers of property management software and tenant screening services. As Rentec Direct’s Content Strategist, Kaycee informs property owners and managers who seek industry-related tips and trends. To learn more about Kaycee or Rentec Direct, visit www. rentecdirect.com

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fair housing

Making Reasonable Accommodations The importance of changing housing policies for disabled applicants and tenants. BY ANGIE WATSON-HAJJEM

conduct dozens of fair housing trainings for rental housing professionals every year. One of the things that I address is the importance of being consistent with all applicants, and I repeat it often to make sure it sticks. Housing providers have the duty to make sure that all potential renters are given the same information about rental prices and policies. They should also provide the same level of treatment and service to everyone looking for housing. Being consistent is the golden key. But there are times when consistency must fly out the window and rental agents actually have the obligation to treat some applicants differently. How can this be? If an applicant is disabled, 14 RENTAL HOUSING

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blind or deaf might have a service animal which allows them to live independently. Doctors and therapists sometimes prescribe emotional support animals to people who are mentally disabled. Research has shown that animals have a positive effect on one’s emotional health and well-being. So, if you are a property owner or manager and you have a “no pet policy”, you must amend that policy for a person who is disabled. Housing providers have the right to ask the applicant or tenant for proof that the reasonable accommodation is needed. This includes medical verification by a doctor or other health care professional.

Types of Reasonable Accommodations Once the proper medical verification has been received, the reasonable accommodation request should be granted. As mentioned, one such accommodation is allowing tenants to have service/emotional support animals. In this case, housing providers are not allowed to ask for a pet deposit, pet rent or any other pet fees. They are also not allowed to restrict the breed of the service/emotional support animal. A housing provider should never ask the tenant what her disability is. Allowing a disabled tenant to have a live-in caregiver, more time for move out or a closer parking space are other examples of common reasonable accommodation requests that a disabled tenant might make. A disabled tenant for example, they have the right to ask may ask that since her Disability Social for a “reasonable accommodation.” Security check doesn’t come until the fifth of the month that she be allowed to What is a Reasonable pay rent late without Accommodation? “Housing providReasonable a late fee. Once again, ers are not allowed accommodations deal before the reasonable to ask for a pet with making changes accommodation request deposit, pet rent or in policies and rules is granted, the housing any other pet fees for people who are provider has the right for the service or disabled. A classic to ask for proof of the emotional support example of a reasonable disability and the need animal. They are accommodation is for the accommodation. also not allowed to allowing a disabled restrict the breed tenant to have an animal, Reasonable of the service/emoeven if the owner does Modifications tional support aninot allow animals on the Disabled applicants and mal.” property. People who are tenants also have the

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PHOTO: FLICKR USER SWONG95765, CC BY 2.0

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right to ask for reasonable modifications. This deals with allowing a disabled person to make physical changes to their apartment so that it is accessible. A person using a wheelchair might need a ramp to be able to enter and exit their home, or grab bars in the bathroom. Special lights that blink on smoke detectors or when the doorbell rings might be helpful reasonable modifications for residents who are hearing impaired. Tenants renting from private owners are responsible for the costs of making modifications. In public housing, the owners generally cover the costs. For major modifications, the owner has the right to mandate that the work be done by a licensed contractor and that the proper work permits be pulled. The owner can also mandate that the tenant put the unit back to the way it was before the modifications were made. Once again, as with reasonable accommodations, owners can require medical proof that the tenant is disabled and needs the modification. Avoid Complaints & Lawsuits Many questions and issues come up around reasonable accommodation and reasonable modification requests. Housing providers that have questions about accommodating their disabled tenants or need help mediating requests, should reach out to fair housing agencies like ECHO Housing. Failure on the part of housing providers to provide reasonable accommodations could lead to fair housing complaints and lawsuits. ECHO Housing can help navigate between tenants and housing providers to make sure both parties are clear about their rights and responsibilities under the fair housing laws. Contact ECHO Housing at 510-581-9380 or www. echofairhousing.org RH The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Angie Watson-Hajjem is the Fair Housing Coordinator for ECHO Housing, a nonprofit housing counseling agency. She investigates housing discrimination cases and provides counseling, mediation, and fair housing education to members of the rental housing industry, tenants and the community at large. She can be reached at angie@echofairhousing.org.

UPCOMING WORKSHOPS Rental Property Owner 101 (RPO 101) D ATE & TIME SPEAKER PRICE TOPICS

THURSDAY, JANUARY 12; 2:00 P.M. - 3:30 P.M.

Jill Broadhurst, CCRM, EBRHA Members: Free; Non-members: $69 New Rental Housing Laws, Tenant Screening, Application Process, Fair Housing, Local Ordinances, and More

Fair Housing & Your Rental Business D ATE & TIME SPEAKER PRICE TOPICS

THURSDAY, JANUARY 19; 2:00 P.M. - 3:30 P.M.

Angie Watson-Hajjem, ECHO Members: Free; Non-members: $69 Fair Housing Protections, Disabilities, Families with Children, Occupancy & Advertising Standards, and More

How Technology is Transforming Property Management D ATE & TIME THURSDAY, JANUARY 26; 6:30 P.M. - 8:00 P.M. SPEAKERS Colin Wiel, Co-founder, Mynd Property Mgmt. Colin Wiel is the former CIO of Starwood Waypoint Homes, a NYSE REIT that managed 17,000 single family homes to mid 60% NOI margins. PRICE Free to Members and Non-members DETAILS The pace of technological change is growing exponentially, making it harder and harder to keep up. For owners and managers of residential properties, new tools and techniques are changing the way property management is done. TOPICS How to Maximize Electronic Payments and Auto-pay; Why Self-showings are Better Than Live Showings, and How to Implement Them; The Future of Managing Prospects Through the Application and Leasing Process; How to Manage Electronic Communication with Residents and the Efficiency it Can Bring

Unless noted, all workshops are held at:

3664 Grand Avenue â&#x20AC;˘ Suite B Oakland, CA 94610 TO REGISTER, GO TO EBRHA.COM/EVENTS OR CALL 510-893-9873. PRE-REGISTRATION REQUIRED ebrha.com

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RENTAL HOUSING 15

FEATURE

Richmond Rent Ordinance Q&A What you need to know about the new Richmond ordinance, effective December 30, 2016. BY MATTHEW QUIRING 16 RENTAL HOUSING

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n November 8, 2016, voters in the Bay Area expanded the reach of rent and eviction control throughout the greater Bay Area. On December 30, 2016, the Richmond “Fair Rent, Just Cause for Eviction and Homeowner Protection Ordinance” went into effect, rolling back rents to July 21, 2015, and requiring “just cause” for most evictions in the city.

Which Units are Covered by the Richmond Ordinance?

As in other cities, there are two aspects to the ordinance: eviction control and rent control. Eviction control effectively applies to any property rented for residential use, except for units rented within the owner’s own residence, and “second dwelling” units. “Second dwelling” units are a type of unit which are added to, or derived from, preexisting construction, sometimes called “in-law” units. Rent control generally covers the same units as are covered by eviction control, with the added exemption of single family homes, per State law. It is noteworthy that “second dwelling units” are only exempt from eviction and rent control if the owner resides in the “primary” structure.

PHOTO: BILL WILLIAMS, CC BY 2.0

What Types of Evictions are Allowed in Richmond?

Richmond now has many of the same “just causes” for eviction that exist in Berkeley and Oakland. Below are the causes, and their noteworthy differences: Nonpayment of rent: No special requirements. Breach of Lease: This most closely resembles Berkeley, in that changes to terms of tenancy are unenforceable against the tenant unless the tenant previously agreed to them. Richmond is more permissive for subletting to family members, and prohibits denying sublessees on the basis of their creditworthiness, if the sublessee would not pay rent directly to the rental property owner. Nuisance: As in Berkeley and Oakland, Richmond requires a written warning before terminating for nuisance. Richmond does not define exactly what a “nuisance” is, but a nuisance caused by a third party can be attributed to a tenant if the tenant “expressly permitted” the nuisance. Failure to Give Access: Richmond goes further than Berkeley and Oakland, preventing eviction if the tenant had “good cause” to refuse access, or if the access request was unreasonable. However, showing the property to prospective buyers and inspections by the City of Richmond remain permitted grounds for access. The Richmond ordinance directs the Rent Board to create regulations for the process of rental property owners entering units for repairs, which are regulations that neither Berkeley nor Oakland have. Richmond also prohibits use of “lock boxes” on occupied units, without defining what a “lock box” is, although it presumably refers to the removable security lock commonly used by realtors. Temporary Vacancy for Substantial Repairs: Richmond is very similar to Berkeley in its requirement for offering a replacement unit to the tenant, if available, and a mandatory minimum 30-day notice for repairs that can be completed in less than 60 days. However, unlike Oakland, Richmond does not require rent board permission if the repairs continue for more than 60 days, and does not set forth any other special notice requirements or instructions in that case. Owner/Relative Move-In: Richmond combines elements from Oakland and Berkeley in regulating owner and relative move-ins (OMI). As in Oakland, qualified relatives include the rental property owner’s spouse, children, parents, or grandparents. Similar to Berkeley, Richmond requires that the owner have at least 50% ownership in the property, and creates a protected class of tenants who are over 62 years old, disabled, ebrha.com

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Penalties for Noncompliance

“Tenants are entitled to relocation payments if they vacate for substantial repairs, an OMI, demolition, or pursuant to the Ellis Act. The amount of relocation payments are to be determined by a future ordinance to be passed by the City Council, but at the time of publication of this article, no such ordinance had yet been passed.” or terminally ill. The Rent Board is authorized to create regulations that define the owner’s good faith compliance with the OMI process. Withdrawal from Rental Market: This just cause includes demolition as well as Ellis Act evictions. Richmond requires compliance with City regulations, and in the case of demolition, applicable permits. Standard Ellis Act restrictions apply. Temporary Tenancy: Richmond recognizes a type of shortterm tenancy the owner can create to temporarily rent their own home. This is similar to provisions in Berkeley and Oakland that allow owners to recover units they previously resided in, except that Richmond requires this tenancy to be for a term of less than a year. Other Causes: Unlike in Berkeley or Oakland, there is no cause to evict tenants who refuse to sign a substantially identical lease at the expiration of a fixed-term lease. The Richmond ordinance also does not expressly reference illegal use of the premises as cause for eviction, although that may arguably be covered by “nuisance”, since the ordinance does not contain its own definition of “nuisance.”

Are There Any Special Notice Requirements?

In the case of breach of lease, denial of access, or nuisance, in addition to other standard requirements, a formal notice to cease must inform the tenant that they may request a reasonable accommodation. However, Richmond does not define “reasonable accommodation”, leaving it unclear whether this is the same standard which applies in accommodation requests under the Fair Housing Act, or a different standard entirely. Richmond does not state how much time tenants must be given to comply with a warning notice, only that the owner should issue the warning a “reasonable” time following the triggering event. Notices terminating tenancy must also include copies of the prior warning notices to cease. Berkeley and Oakland do not require prior warning notices to be attached to the termination notice. 18 RENTAL HOUSING

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In Berkeley and Oakland, failure to comply with their respective ordinances is an affirmative defense to an eviction action. Richmond goes further, granting a cause of action to the Rent Board itself against owners for wrongful eviction and injunctive relief if they fail to comply with the ordinance. In addition, Richmond imposes a one-sided attorney’s fees award against owners if the tenant prevails, a provision found to be illegal in San Francisco (Larson v. City and County of San Francisco.)

Are Relocation Payments Required?

Tenants are entitled to relocation payments if they vacate for substantial repairs, an OMI, demolition, or pursuant to the Ellis Act. The amount of relocation payments are to be determined by a future ordinance to be passed by the City Council, but at the time of publication of this article, no such ordinance had yet been passed.

Does Richmond Prohibit Retaliation Against Tenants?

Richmond specifically protects tenants who exercise their rights under the ordinance, withhold rent under “common, state, or local law”, as well as tenants with the same owner who seek to organize with each other. Tenants may claim a defense against owners who seek to evict tenants “knowingly in retaliation” for doing those things. This retaliation protection appears to be open-ended, in contrast with Berkeley, which creates a presumption of retaliation if an eviction action is taken against a tenant within six months of that tenant exercising their tenancy rights. Oakland creates no special defenses or presumptions concerning retaliation, except to require the owner to seek possession with “good faith, honest intent, and no ulterior motive.”

Who Can Serve on the Rent Board?

There will be 5 members, appointed by the City council. No more than 2 of the Board members may own or manage real estate, or be “realtors.” Any violation of local, state, or federal law pertaining to housing may be a disqualification from service on the Board. All Board members must disclose all of their property ownership and dealings for the three years prior to Board nomination. Board members serve 2 year terms, up to 10 years total. In Oakland, the board has 7 members: 2 residential rental property owners, 2 residential tenants, and 3 persons who neither rent nor own residential rental property, appointed by the city council. In Berkeley, the Rent Board has 9 members, which are elected by city residents. There are no restrictions on professional status or property ownership, but candidates’ asset holdings must be disclosed when they run for office.

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How Will the Rent Board Control Rent?

As of December 30, 2016, all rents are rolled back to the rental value of each unit then existing on July 21, 2015, or the amount of rent first paid if the tenancy began after July 21, 2016. This means a unit rented August 1, 2015 for $1,500, with rent raised to $1,575 August 1, 2016, would have its rent reduced to $1,500 on January 1, 2017. However, owners are not obligated to return or refund the difference in rent received since July 21, 2015. The Rent Board may adjust individual rents upward or downward based on owner or tenant petitions, but it is unclear if petitions are mandatory for any particular rent increase. Instead, the Richmond ordinance states that “limits on the total increase per month and length of monthly increase shall be promulgated by the Board through regulations.” In Oakland, any increase other than CPI or banking requires rent board approval by owner petition. In Berkeley, the rent board tracks the “rent ceiling” of each individual unit in the city, and owners may only change the rent ceiling by petitioning the Board for an adjustment. In this aspect, Richmond appears to resemble Berkeley more closely than Oakland.

with the Rent Board state the owner’s intention to serve the notice on the tenant immediately following filing the notice with the Board, and that the owner file the complete proof of service with the Rent Board afterwards. Oakland requires that termination notices be filed with the rent board within 10 days after service on the tenant, and Berkeley requires termination notices and unlawful detainer complaints to be filed with the rent board within 10 days after service.

Can Owners Contract Around the Richmond Ordinance with Their Tenants?

Any provision of the ordinance which benefits the tenant cannot be waived or contradicted by an oral or written lease, agreement, or other contract.

Does Richmond Impose Any Other Obligations Upon Owners?

The Rent Board can charge a “Residential Rental Housing Fee” alongside any business license fees imposed by the City.

Owners must distribute the informational brochure that will be published online by the Rent Board at the commencement of each tenancy, and also with every rent increase. This is similar to the Rent Adjustment Program form Oakland requires to be delivered at the start of a tenancy and with every rent increase. Berkeley does not require any special rent board notices or literature to be distributed by the owner.

Does the Rent Board Regulate Utility Fees?

Conclusion

Can the Rent Board Charge Any Fees?

Owners are prohibited from charging for utilities unless the utility is separately or individually metered. Neither Berkeley nor Oakland have a similar restriction.

What are Owners Required to File with the Rent Board?

Rent increase notices, notices of change of terms of tenancy, and termination notices must be filed with the Rent board before serving. The Richmond ordinance also includes the paradoxical instruction that, “A proof of service of with time and date of service of notice shall be included with notice filed with the City.” Until there are regulations or other action taken to clarify this cryptic provision, we recommend that proofs of service filed

A review of the Richmond ordinance reveals that it incorporates some of the more restrictive elements of both the Berkeley and Oakland ordinances, while adding additional limitations of its own. In other areas, there is still a significant amount of rulemaking yet to come, particularly for limits on rent increases, procedures for repairing units with tenants in possession, setting standards for owner move-ins, and when and how certain documents should be filed with the Board. Finally, certain other provisions of the ordinance remain unclear, and at least one appears to be illegal on its face. Until the Richmond ordinance is challenged in court, and the rulemaking is complete, Richmond rental property owners should (1) take care to ensure that their 2017 rents match their July 21, 2016 rents, (2) update their notices to include the required information about the Richmond Rent Board, and (3) make sure that all notices are filed with the Board prior to service on the tenant, and the proofs of service are also filed with the Board after service. RH

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The information provided herein is intended to provide general guidance and awareness on recently passed 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. Matthew Quiring is an attorney with Fried & Williams LLP. He can be reached at 510-625-0100 or mquiring@friedwilliams.com.

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FEATURE

22 RENTAL 2017 | JANUARY PHOTO: INDIHOUSING SAMARAJIVA, CC BY 2.0

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Benefits of Smoke-free Housing The benefits of implementing smoke-free housing policies in your rental units. BY TAMIKO JOHNSON

ncreasingly, rental property owners are adopting smoke-free policies to protect their tenants and their property alike from drifting secondhand smoke. Secondhand smoke is defined as the smoke exhaled by the person who is smoking and the smoke burning from a lighted tobacco product. Drifting secondhand tobacco smoke from neighboring units poses health risks, fire risks, and property damage. Drifting secondhand smoke operates by moving through walls, ceiling crawl spaces, under doorways, windows, shared ventilation systems, through electrical outlets, and from patios and balconies to open windows and doors. There is no safe level of secondhand smoke, so solutions must be comprehensive in scope. The only solution that has been proven to be successful is implementing smoke-free policies covering 100% of residential multi-unit buildings, including common areas, units, balconies, and patios. Multi-unit buildings includes any residential building with 2 or more units.

Tenants Want Smoke-Free Air

The Alameda County Tobacco Control program receives the most complaint calls from tenants who are being exposed to secondhand smoke in multi-unit housing properties. This is in spite

of the fact that over 88% of Alameda County residents do not smoke. Nationally, 88% of multiunit housing residents polled believe that residents have the right to live in a smoke-free building and even current smokers have stated their belief that everyone deserves the right to breathe clean air. Since the majority of the population believes that everyone has the right to breathe clean air, adopting a smoke-free housing policy in your buildings is likely to make your properties more attractive to prospective tenants.

Harms of Secondhand Smoke

As much as 60% of the air in any given unit comes from a neighboring unit. In addition to being a nuisance, secondhand smoke causes serious health problems. Secondhand smoke has higher levels of toxins than the smoke inhaled by smokers and even periodic exposure to secondhand smoke is harmful. For example, as little as 30 minutes of exposure can trigger a heart attack in a non-smoker. In addition, smoking is a major cause of residential fire death. The toxins in secondhand smoke cause health problems across the lifespan including: brain tumors, cancer, respiratory problems, asthma, and sudden infant death syndrome (SIDS) in children and stroke, coronary heart disease, breast and lung cancers, chronic obstructive pulmonary

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“Secondhand smoke policies are becoming a norm in communities across the country. In fact, over 25 cities in California have passed comprehensive smoke-free housing policies covering common areas as well as inside residential units and balconies and patios.” disease (COPD), asthma, impaired lung function, and negative female reproductive effects in adults. A recent study of 5,000 children found that 99% of children living in multi-unit housing had levels of tobacco exposure in their bodies even if no one in their own households smoked. Non-smokers are exposed to leftover tobacco residue when they move into apartments previously occupied by smokers, even after in-depth cleaning and 2 months of the unit being empty. This leftover residue on surfaces that interacts with other compounds in the air is known as thirdhand smoke.

Cost Savings for You

Are there cost savings associated with implementing smoke-free housing policies? Absolutely! Adopting a smoke-free housing policy lessens your fire risk and reduces property damage due to thirdhand smoke. On average, property owners and managers spend 5 to 10 times more per unit to ready a smoker’s unit for rent compared to a non-smoker’s unit. On average the costs total $5,000 with $15,000 for the most extremely damaged units. You could also receive a reduction in your insurance by mandating a smoke-free property due to the decreased fire risk.

What is Your Role as an Owner?

Many apartment associations, including the National Apartment Association, support the adoption of smoke-free policies with Dave Watkins, the Chairman of the Board of the NAA stating, “Smoke-free apartment communities not only promote a healthy resident population, but also a healthy bottom line for owners and investors.” California state law allows owners to pass smoke-free housing policies on their property. Contrary to a prevailing myth, implementing a smoke-free policy is not discriminatory to smokers. There are no legal protections for smokers; rather, protecting the health of all from secondhand smoke is a priority according to the law. You can ensure that every lease includes information about your building being a smoke-free building. Americans for Non-Smokers’ Rights is a local resource that can be helpful to you as you consider going smoke-free: http://www. no-smoke.org/goingsmokefree.php?id=594 24 RENTAL HOUSING

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In addition, you can engage your local elected officials by expressing your interest and support for a citywide smoke-free housing policy. It is important for policymakers to hear from a broad array of stakeholders including tenants, owners, healthcare professionals, and public health advocates.

Smoke-free Housing is a National Movement

Secondhand smoke policies are becoming a norm in communities across the country. In fact, over 25 cities in California have passed comprehensive smoke-free housing policies covering common areas as well as inside residential units and balconies and patios. In addition, the US Department of Housing and Urban Development is following the lead of the 600+ public housing authorities that have already gone smoke free by requiring every public housing authority under their jurisdiction to pass a smoke-free housing policy within the next 18 months. An ideal smoke-free housing policy would include the following as there is no safe level of exposure to secondhand smoke: 100% smoke-free individual units; smoke-free indoor and outdoor common areas (this is already included in Oakland law); smoke-free buffer zones within a certain number of feet of all entrances (this distance is usually 25 feet).

How Can the Alameda County Tobacco Control Program Help?

The Alameda County Tobacco Control Program (ACTCP) envisions a tobacco-free Alameda County where all people are free of the harms of tobacco, including residents in multi-unit housing properties. We can be of service to you as you consider adopting a smoke-free housing policy and as you work with your city to implement a citywide smoke-free housing policy by providing technical assistance, signage, and other resources. You can contact ACTCP at 510-208-5920 or by email at TCP@ acgov.org. More information is on the ACTCP website at www. acphd.org/tobacco-control.aspx. All Residents and businesses in Alameda County (except the City of Berkeley) are eligible to use our services. Berkeley residents and businesses should contact the City of Berkeley Tobacco Prevention Program at 510-981-5330. For more resources about going smoke-free, please visit: Americans for Non-smokers’ Rights: www.no-smoke.org/ goingsmokefree.php?id=594 Smoke-Free Laws and Enforcement in Alameda County: www.tobaccofreealamedacounty.org. RH Tamiko Johnson is a Project Manager at the Alameda County Tobacco Control Program, a program of the Alameda County Public Health Department which focuses on ensuring all Alameda County residents can breathe clean air by implementing policy change and providing prevention and cessation resources. She can be reached at 510-208-5916 or tamiko.johnson@acgov.org.

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FEATURE

An Ownerâ&#x20AC;&#x2122;s Guid A guide on disclosures and notices housing providers must give their tenants. BY RON KINGSTON

de to Disclosures A

s housing providers, it’s important that rental property owners have thorough knowledge of rental housing laws. Often, this includes knowing which disclosures must be served to your tenants to ensure their health and safety, as well as complaince to housing laws. Below are some of the more common disclosures that rental property owners should become familiar with, followed by the civil code pertaining to the disclosure.

Environmental Hazard & Health-related Disclosures

Lead — Housing built prior to 1978 may contain leadbased paint, a health hazard for tenants. For this reason, owners of units built before 1978, must comply with all of these federal requirements: Prior to signing a new lease with a tenant, owners must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling; Give the tenant a copy of the federal government’s pamphlet, “Protect Your Family From Lead in Your Home” (available by calling 1-800-424-LEAD); The lease or rental agreement must contain a lead warning statement in legally required language; and Provide tenants with a written “Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards.” 42 U.S.C. 4852d; 24 CFR Part 35; 40 CFR Part 745. Toxic Mold — Rental-housing providers must notify current and prospective tenants about toxic mold that is visible or invisible that they know about or should reasonably know about. Owners are also required to provide their tenants with a consumer booklet, developed by the State Department of Health Services, which describes the potential health risks and impact of toxic mold. Cal. Health & Safety Code §§ 26147, 26148. Pesticides and Pest Control Service — Pest control operators must provide rental property owners and tenants, prior to pesticide application, notice that describes, among other things, the pest to be controlled, the pesticide to be used, a warning about the danger of pesti-

cides, and the frequency of treatment. Any such notice provided to the owner, must be provided to new tenants if regular pesticide applications are ongoing. Cal. Civil Code § 1940.8, Cal. Bus. & Prof. Code § 8538. Asbestos — Residential units and homes built prior 1981 have a higher likelihood of containing asbestos. Although no specific law requires disclosures of asbestos, a best practices approach recommends making disclosures to tenants whenever asbestos is discovered on the property Prop 65 Warnings: Chemicals Causing Cancer & Reproductive Toxicity — Rental property owners with 10 or more employees must post Prop 65 warnings signs to warn tenants about hazardous chemicals found on the property, which may include chemicals from tobacco smoke, motor vehicle exhaust, pesticides, and common household cleaning products. The warning sign should state the following: “WARNING: THIS FACILITY CONTAINS ONE OR MORE CHEMICALS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER, BIRTH DEFECTS OR REPRODUCTIVE HARM. CALIFORNIA HEALTH.” Cal. Health and Safety Code § 25249.5. Note: Prop 65 regulations are likely to be updated and changed within the next few years. Owners should always stay informed about new laws and regulations affecting the rental property industry to ensure the health and safety of its tenants and avoid liability. Methamphetamine Contamination — Residential rental property that is found to be contaminated with hazardous chemicals associated with the production of methamphetamines must be shut down and cannot be rented out. Current occupants must be vacated until the unit is cleaned up and certified for habitation by the local code enforcement agency. Owners, thereafter, must disclose to prospective tenants of affected units about the prior meth contamination. Cal. Health and Safety Code § 25400.10-25400.46. Residential Environmental Hazard Booklet — A bill that passed in 2016, that will go into effect in 2017, ebrha.com

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“If gas and electric meters serve other units or other areas of the apartment, owners must disclosed the shared nature of the utility to tenants prior to signing a lease. Owners must also disclose the manner by which costs will be fairly allocated. Cal. Civil Code § 1940.9.” allows rental property owners to limit their liability for any obligation to educate their tenants about common environmental hazards, by providing their tenants with a booklet entitled “Residential Environmental Hazards: A Guide for Homeowners, Buyers, Landlords, and Tenants.” The booklet provides information about hazards such as asbestos, carbon monoxide, formaldehyde, hazardous waste, lead, mold, and radon. The new law does not change the duty to disclose the known presence of an environmental hazard or the law on habitability. Cal. Business and Professions Code § 10149; Cal. Gov’t Code § 8897; Cal. Civil Code § 2079.7-8.

Safety Related Disclosures

Registered Sex Offender Database Website — Rental property owners must disclose to tenants information about the government’s registered sex offender database and website. The following language must be contained in rental agreements: “Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides.” Cal. Civil Code § 2079.10a. Proximity to Closed Military Base, Ammunition & Explosives — Rental units located within one mile of a closed military base in which ammunition or military explosives were used, must give written notice of this fact to a prospective tenant. Cal. Civil Code § 1940.7. Smoke Alarms & CO Devices — Under a best practices approach, rental property owners should require their tenants to notify the property owner or manager when a smoke alarm or CO device needs a battery or unit replacement, or is not functional.

Rental Occupancy Related Disclosures

No Smoking Policies — Rental property providers must disclose to their tenants where the designated smoking areas are, and where it is prohibited. But note, new no smoking policies are not effective against tenants who signed their leases prior to January 1, 2012 until they renew their lease or there is a prop28 RENTAL HOUSING

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erly executed change in terms of tenancy. Cal. Civil Code § 1947.5. Intention to Demolish a Rental Unit (Ellis Act) — Property owners in rent controlled communities who receive a permit to demolish a rental unit, must give tenants written notice of their intent to demolish. The law, commonly known as the “Ellis Act,” has a number of other requirements. Cal. Civil Code § 1940.6. Death in the Rental Unit — Prospective tenants must be notified about any deaths, including the manner of death, that have occurred in the rental unit within the last three years, unless the death is due to HIV. Cal. Civil

Code § 1710.2. Identification of Rental Property Owner or Manager — Rental property owners must disclose or provide to their tenants the following: 1) Name, telephone number of the owner, manager, or agent; 2) Street address of owner, manager or agent where personal service can be effected; 3) Name, phone, and address of the person to whom rent payments are made; 4) If rent payments may be made personally, the usual days and hours that the person will be available to receive the payments; a. Alternatively at the owners option, the account in a financial institution into which rent payments may be made, and the name and street address of the institution; provided that the institution is located within five miles of the rental property; b. The information necessary to establish an electronic funds transfer procedure for paying the rent; 5) The form or forms in which rent payments are to be made; 6) A copy of the rental agreement or lease to the tenant within 15 days of its execution by the tenant. Any successor owners or manager must comply with these rules within 15 days of succeeding the previous owner. Cal. Civil Code § 1962. Utilities — If gas and electric meters serve other units or other areas of the apartment, owners must disclose the shared nature of the utility to tenants prior to signing a lease. Owners must also disclose the manner by which costs will be fairly allocated. Cal. Civil Code § 1940.9. Notice of Default — Owners of single-family and multifamily dwellings not exceeding four units, who have received a notice of default with respect to a mortgage or deed of trust, must disclose the default in writing to prospective tenants prior to signing a lease agreement. Penalties for a violation of this rule include a tenant’s option of voiding the lease, tenant recovery of one month’s rent or twice the actual damages, whichever is greater, and return of all prepaid rent. The written disclosure notice shall be provided in English or in Spanish, Chinese, Tagalog, Vietnamese, or Korean (if the lease was negotiated in one of these languages) substantially in the following form: “The foreclosure process has begun on this property, and this property may be sold at foreclosure. If you rent this property, and a foreclosure sale occurs, the sale may affect your right to continue to live in this property in the future. Your tenancy may continue after the sale. The new owner must honor the lease unless the new owner will occupy the property as a primary

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residence, or in other limited circumstances. Also, in some cases and in some cities with a “just cause for eviction” law, you may not have to move at all. In order for the new owner to evict you, the new owner must provide you with at least 90 days’ written eviction notice in most cases.” Cal. Civil Code § 2924.85 Lease Terms — Rental agreements of a year of more must be in writing. The written rental agreement should, in addition to those requirements listed, specify all the key terms of the agreement including the rent amount, when rent is due, rent increase agreements, the amount and purpose of the security deposit, late fees, return check fees, whether pets are allowed, the number of people allowed to live in the unit, attorney’s fees in the event a lawsuit is filed, the owner’s repair promises, subletting rules or prohibitions, owner inspections rules, the length of time between rent payments, the length of the lease, parking, obtaining permission to have parties, and the respective property owner and tenant obligations. If the lease terms were negotiated in Spanish, Chinese, Tagalog, Vietnamese or Korean, then the rental agreement must be translated in that language (unless the tenants have a qualified interpreter). Cal. Civil Code §§ 1940-1954, 1962. Change in Lease Terms — To change lease terms, owners must provide tenants with written notice of his or her intent to change lease terms. The amount of advance notice is typically the same amount of time between rent payments. Cal.

Civil Code § 827. Notice to Terminate — When terminating a month-tomonth tenancy without cause, a notice to terminate must be provided 30 days ahead of time, unless the tenant has been in possession for more than 1 year, in which case a 60-day notice is required. If a tenant breaches a contract, a property owner has the option of giving the tenant a 3-day notice to pay rent or quit, a 3-day notice to perform covenant or quit, or a 3-day notice to quit. The last option is appropriate if the breach is not curable; the first option is proper if the tenant failed to pay rent. Cal. Code of Civil Procedure §§ 1946, 1161. Local Disclosures — Each city and/or county may have its own separate disclosure requirements. In rent control communities, for example, owners sometimes are required to disclose tenant and landlord rights and responsibilities, rent increases and tenant rights to a petition, notice of termination submission to the local rent board, presence of bed bugs, just cause for termination of tenancy, local government inspections, and many others. Please check with your local city and county laws. RH The information provided herein is intended to provide general guidance and awareness on state laws and regulations and shall not be construed in any way as a substitute for individual legal advice. Those that require specific advice should consult an attorney. Ron Kingston is the EBRHA state lobbyist and president of the California Political Consulting Group. He can be reached at 916-447-7229 or ron@calpcg.com.

NEW EBRHA FORMS AVAILABLE IN 2017 In response to new rental housing laws effective in 2017, EBRHA will provide many updated forms to ensure your lease agreements and notices are up to date and compliant with local and state laws. As always, forms will be conveniently available online at www.ebrha.com and per request in our office. Forms will be available in January 2017.

STAY TUNED FOR MORE INFORMATION 30 RENTAL HOUSING

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COLUMN

government affairs

we all thought Hilary Clinton would be the next President of the United States, the odds of tax reform actually happening were low. There was simply too wide of a gulf between Secretary Clinton and the GOP. Those odds are now flipped on their head. Reform of the tax code was a hot topic during the campaign and Presidentelect Trump’s team has stated it is a “200-day” priority after the repeal and/ or replacement of the Affordable Care Act. Meanwhile, House Republicans have crafted a proposal they call a “blueprint” for tax reform which suggests some fairly radical changes to the code, including Updates from NAA’s Sr. Vice President areas impacting real estate. Their goals are generally the same or similar to those of Government Affairs. BY GREG BROWN of the President-elect but it’s the details more than 50 new members in the that matter. That will be the first level of 115th Congress making this Lobby Day negotiation. especially important. A critical decision the majority powIn 2016 NAA focused on three ers must make is what kind of bill they issues during the Capitol Conference – want to pass – the preferred Republican mitigating “drive-by” Americans with package or a negotiated bill that includes Disabilities Act (ADA) lawsuits, streamDemocratic priorities. Recently, the lining the Section 8 Housing Choice concept of durability has come up a lot Voucher program and opening up more in this context. Specifically, according to private sector options for flood insuradvisors close the President-elect, Conance. We scored a victory on Section 8 gress should take a bipartisan approach vouchers with passage of the Housing to tax reform (like was done in 1986) Opportunity through Modernization so that whatever bill is passed survives Act that eliminated much of the bureaubeyond the GOP majority. The obvious cracy around the inspections process. comparison is to the Affordable Care ark your calendars and make We were not as successful on the Act – a bill passed on party lines without your travel arrangements for other two issues though our preferred a single GOP vote that now is almost certhe 2017 NAA Capitol Conlegislation on those topics advanced a tain to be repealed or significantly weakference and Lobby Day which will take great way towards passage. The issues ened. The President-elect wants a legacy place March 7 and 8 in Washington, remain critical today so we are reprising which demands a bipartisan approach. D.C. The Capitol Conference will start our focus on ADA lawsuits and flood No matter what route tax reform after lunch on March 7 with an issues insurance at the 2017 Capitol Confertakes, the apartment industry will have orientation and advocacy training sesence and Lobby Day. The effort on to be involved. Anyone who was in the sion. We will train you to be an effective flood insurance has added importance industry when the Tax Act of 1986 was advocate for the apartment industry this year as the National Flood Insurpassed will remember how significant – through this high-impact programming, ance Program (NFIP) will expire in positive and negative – this legislation including a presentation by presidential September. Without the NFIP apartment was for commercial real estate. This new historian and Pulitzer Prize-winning owners and operators round of reform is shapauthor Doris Kearns Goodwin, our would have few, cost-pro- “The NAA Capitol ing up to be potentially keynote speaker. hibitive options for flood Conference and as significant with a Both the House and Senate will be insurance. This program Lobby Day is the lot of specific implicain session on Lobby Day giving everymust be extended and once-a-year opportions for our industry. one an opportunity to connect with improved. tunity for our advoLiterally everyone who their members of Congress. Remember, Added to the list cates in Washington, develops, owns or NAA’s goal is to reach all 535 Congresof issues for the 2017 D.C., to show the manages apartments sional offices – that’s 435 RepresentaCapitol Conference is Congress the power or who works for a tives and 100 Senators. There are also tax reform. Back when of the industry.” company that does

Great Advocacy Means Carrying the Message

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will be impacted by tax reform. As such, everyone needs to be involved. The table is being set and it’s up to you if you want to be a guest or a main course. Your lives are very busy and it can be extremely challenging to cram one more task onto an already overflowing list. The good news is that NAA now makes it easy to do your part for the industry. Our new Advocacy365 App puts Congress in the palm of your hand. It’s your yearround indispensable tool that’s packed with resources to keep your finger on the legislative pulse of the apartment industry. The app’s key elements include talking points and fact sheets on the issues, the ability to directly communicate with your legislators, Congressional directories, year-round mobile action alerts sent directly to you and much more. Download the app now and take apartment advocacy with you wherever you go. Great advocacy means carrying the message to your elected officials all year long. But, the NAA Capitol Conference and Lobby Day is the once-a-year opportunity for our advocates in Washington, D.C., to show the Congress the power of the industry. Go to the NAA website to register and talk with your local affiliated association about being part of the effort. I know you care about the future of your industry, your business and your bottom line and want to be part of our effort to make the voice of the apartment industry heard. 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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UPCOMING EVENTS EBRHA Office Closed

DATE MONDAY, JANUARY 2

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

MONDAY, JANUARY 9; 10:00 A.M. - 11:00 A.M. Jill Broadhurst, CCRM, EBRHA Free to members only An informal discussion on Oakland rent board hearings

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

TUESDAY, JANUARY 17; 10:00 A.M. - 11:00 A.M. Jill Broadhurst, CCRM, EBRHA Free to members only An informal discussion on management issues & solutions

Membership Meeting D ATE & TIME SATURDAY, JANUARY 21; 10:00 A.M. - NOON PRICE Free to Members Only TOPICS New Laws for 2017 — Ron Kingston, EBRHA State Lobbyist

Public Affairs Meeting D ATE & TIME M ODERATOR PRICE TOPICS

TUESDAY, JANUARY 24; 10:00 A.M. - 11:00 A.M. Rick Pihilips, EBRHA Board Member Free to members only Prioritize local housing issues and tackle them head on

Unless noted, all events are held at:

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TO REGISTER, GO TO EBRHA.COM/EVENTS OR CALL 510-893-9873. PRE-REGISTRATION REQUIRED ebrha.com

JANUARY 2017

RENTAL HOUSING 33

COLUMN

esq. & a

or by accepting rent payments directly from the subtenant. There are other factors that may be considered by the Rent Board or the Court to determine whether a tenancy relationship may have been established, such as whether there have been direct communications by the owner with the subtenant or whether the subtenant has been treated by the owner as if he or she was a tenant under the rental agreement or whether the subtenant has been named by the owner in notices, such as rent increase notices and notices to enter. So to preserve Costa-Hawkins rights, the owner should not enter into any agreements with a subtenant, should not accept any rent payments from a subtenant, should not include a subtenant in What property owners need to know about the any written notices or correspondences, Costa-Hawkins Rental Housing Act. BY STEVE WILLIAMS and in general, to the extent possible, should refrain from communicating with I have a unit that started with vacates before giving the rent increase a subtenant. three tenants, and just recently, notice. However, in other cases it is not And third, the subtenant must have the last original remaining tenant always so easy to know when a tenant moved into the unit on or after January gave me his notice to vacate. All has actually vacated. It is not uncom1, 1996. If the subtenant moved in prior of the original tenants have been mon for original tenants to hide this to that date, then the occupancy pre-dates replaced with new sub-tenants. fact from an owner in order to preserve the Costa-Hawkins Rental Housing Act, I heard that under state law, I’m a rent controlled unit or to profit from and the occupancy is grandfathered in as allowed to bring the unit to market subletting. When an owner suspects that a rent controlled tenancy. when all original tenants vacate. Is all of the original tenants have vacated So if your circumstances warrant a that true? If so, how do I go about but does not have any formal notice Costa-Hawkins rent increase, then you doing it? from the tenants, then further investigacan raise the rent to market rate on the tion is often recommended. remaining subtenants. Typically this is A State law known as the CostaSecond, the remaining occupants done with a written notice to the occuHawkins Rental Housing Act must be subtenants. This generally pants. You must give at least 30 days’ provides that a rental property owner means that they must have moved in notice if the rent increase is 10% or less may raise the rent to market rate on after the original tenants moved in. And and at least sixty days’ notice for a rent subtenants when the original occupants there can be no rental agreement or increase over 10%. under the rental agreement no longer tenancy relationship directly between Notwithstanding these rights, the permanently reside in the unit. This law the owner and the subtenants. This is Oakland Rent Adjustment Ordinance supersedes local rent controls. So in significant because if was recently amended to other words, when all the original ten“Because a Costaa subtenant does have provide the following: ants vacate the unit and leave subtenHawkins rent a tenancy relationship “Notwithstanding ants behind, you are entitled to give a increase is not based any other provision of directly with the owner, one-time rent increase to market rate on the CPI Rent then he or she may no this Chapter, owners notwithstanding any rent restrictions Adjustment or Bank- may increase rents only longer be considered a imposed by the Oakland Rent Adjusting, it appears that subtenant and a Costafor increases based on ment Ordinance. this new amendHawkins rent increase the CPI Rent AdjustThere are a several critical issues to ment may require would likely not apply. ment or Banking, or determine whether such a rent increase an owner to file a To further illustrate by filing a petition to is warranted. First, the rent increase can petition and obtain this issue, a tenancy increase rent in excess of only be given after the original tenants Rent Board approval that amount. Any rent relationship may be no longer permanently reside in the unit. established between an prior to imposing a increase not based on So in your case where the last original owner and a subtenant by Costa-Hawkins rent the CPI Rent Adjusttenant gave you notice to vacate, you increase after Febru- ment or Banking that requiring the subtenant must still wait until the tenant actually to sign a rental agreement ary 1, 2017.” is not first approved by

Bringing Your Units to Market Q

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the Rent Adjustment Program is void and unenforceable.” This new requirement applies only to rent increases noticed on or after February 1, 2017. Because a Costa-Hawkins rent increase is not based on the CPI Rent Adjustment or Banking, it appears that this new amendment may require an owner to file a petition and obtain Rent Board approval prior to imposing a Costa-Hawkins rent increase after February 1, 2017. While this requirement may be an unenforceable restriction against an owner’s legal rights under CostaHawkins, it is nonetheless worth consideration and consultation with an attorney before proceeding with a Costa-Hawkins rent increase. —STEVE WILLIAMS RH

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510-813-5440 ebrha.com

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RENTAL HOUSING 35

community calendar EVENTS & CLASSES

january

february

MONDAY, JANUARY 2 EBRHA Office Closed MONDAY, JANUARY 9 Oakland Rent Board Roundtable An informal discussion on rent board hearings Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only, 10:00 a.m. - 11:00 a.m. THURSDAY, JANUARY 12 Rental Property Owner 101 (RPO 101) Presented by Jill Broadhurst, CCRM, EBRHA Members: Free; Non- Members: $69 2:00 p.m. - 3:30 p.m. TUESDAY, JANUARY 17 Small Property Owners Roundtable An informal discussion on management issues and solutions Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only, 10:00 a.m. - 11:00 a.m. THURSDAY, JANUARY 19 Fair Housing & Your Rental Business Presented by Angie Watson-Hajjem, ECHO Members: Free; Non- Members: $69 2:00 p.m. - 3:30 p.m. SATURDAY, JANUARY 21 EBRHA Member Meeting New Laws for 2017 — Ron Kingston, EBRHA Lobbyist 10:00 a.m. - Noon TUESDAY, JANUARY 24 Public Affairs Meeting Moderated by Rick Philips, EBRHA Board Member Free to members only, 10:00 a.m. - 11:00 a.m. THURSDAY, JANUARY 26 How Technology is Transforming Property Management Presented by Colin Wiel, Co-founder of Mynd. Colin Wiel is the former CIO of Starwood Waypoint Homes, which is a NYSE REIT that managed 17,000 single family homes to mid 60% NOI margins. The pace of technological change is growing exponentially, making it harder and harder to keep up. For owners and managers of residential properties, new tools and techniques are changing the way property management is done. Attend this workshop to learn: • How to maximize electronic payments and auto-pay • Why self-showings are better than live showings, and how to implement them • The future of managing prospects through the application and leasing process • How to manage electronic communication with residents and the efficiency it can bring Free to Members & Non-members 6:30 p.m. - 8:30 p.m.

MONDAY, FEBRUARY 6 Oakland Rent Board Roundtable An informal discussion on rent board hearings Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only, 10:00 a.m. - 11:00 a.m. TUESDAY, FEBRUARY 7 New Tax Laws for Rental Property Owners Presented by Jong H. Lee, The Lee Accountancy Group, Inc. Members: Free; Non- Members: $69 2:00 p.m. - 3:30 p.m. WEDNESDAY, FEBRUARY 8 Understanding The New Capital Improvement Process Presented by Liz Hart, Rent Board Matters, Rent Board & Property Managment Consultant Members: $39; Non- Members: $69 2:00 p.m. - 3:30 p.m. THURSDAY, FEBRUARY 9 Rental Property Owner 101 (RPO 101) Presented by Jill Broadhurst, CCRM, EBRHA Members: $39; Non- Members: $69 2:00 p.m. - 3:30 p.m. SATURDAY, FEBRUARY 18 EBRHA Member Meeting • Legal Q&A • Financial/Estate Planning — Terry Allen, CFP®, AWMASM, Enhance Wealth Advisors 10:00 a.m. - Noon MONDAY, FEBRUARY 20 EBRHA Office Closed THURSDAY, FEBRUARY 23 Public Affairs Meeting Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only, 10:00 a.m. - 11:00 a.m.

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

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Oakland RENT ADJUSTMENT PROGRAM FEE

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

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

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

ANNUAL ALLOWABLE RENT INCREASE

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

PERI OD

AM O U N T ( % )

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

CAPITAL IMPROVEMENTS INCREASE FORMULA

FOR FURTHER INFORMATION CONTACT:

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

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

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

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

BERKELEY RATES

FOR FURTHER INFORMATION CONTACT:

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

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

JANUARY 2017

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vendor directory — CONTACTS, PRODUCTS & SERVICES Richards Law John Richards 925-231-8104 www.richards-legal.com The Evictors Alan J. Horwitz 510-839-2074 The Shepherd Law Group Michael Shepherd 510-531-0129 www.theshepherdlawgroup.com Zacks, Freedman & Patterson, PC Lisa Padilla 415-956-8100 www.zfplaw.com

ACCOUNTING & TAX

Collins, Mason & Company LLP Teresa Mason 510-891-9000 www.cmcaccountants.com The Lee Accountancy Group, Inc. Jong H. Lee, CPA 510-836-7400 jhlee@theleeaccountancy.com 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, MAI 510-601-1466 www.accessappraisal.com Mark Watts Commercial Appraiser Mark A. Watts 415-990-0025 www.markwattscommercialappraisal.com ARCHITECTURE

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

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

BOMA Oakland/East Bay REAL ESTATE/CORP. Julie Taylor, CAE Beckman Blair LLP 510-893-8780 Nancy Ly www.bomaoeb.org 415-871-0070 Oakland/Berkeley Association of Realtors www.beckmanblairllp.com Davina Lara Ericksen Arbuthnot 510-836-3000 Jason Mauck oaklandberkeleyaor.com 510-832-7770 Oakland Chamber of Commerce www.ericksenarbuthnot.com Barbara Leslie Fried & Williams LLP 510-874-4808 Clifford Fried www.oaklandchamber.com 510-625-0100 ATTORNEYS — EVICTIONS/PROPERTY www.friedwilliams.com OWNER DEFENSE Harding Legal Beckman Blair LLP Elva Harding Nancy Ly 415-967-7570 415-871-0070 www.edhlegal.com www.beckmanblairllp.com Jack Schwartz, Attorney at Law Bornstein Law Jack Schwartz Daniel Bornstein 650-863-5823 510-836-0110, x1007 jwsjr1220@comcast.net www.bornsteinandbornstein.com Law Offices of Bill Ford Ericksen Arbuthnot Bill Ford Jason Mauck 415-306-7840 510-832-7770 www.billfordlaw.com www.ericksenarbuthnot.com Law Offices of John Gutierrez Fried & Williams LLP John Gutierrez Clifford Fried 510-647-0600, x2 510-625-0100 www.jgutierrezlaw.com www.friedwilliams.com Miller Property Law Law Offices of Bill Ford Inga Miller Bill Ford 925-402-2192 415-306-7840 www.millerpropertylaw.com www.billfordlaw.com Richards Law Law Offices of Brent Kernan John Richards Brent Kernan 925-231-8104 510-712-2900 www.richards-legal.com bkernan@aol.com Zacks, Freedman & Patterson, PC Law Offices of Elaine Lee Lisa Padilla Elaine Lee 415-956-8100 510-848-9528 www.elaineleeattorney.com www.zfplaw.com 38 RENTAL HOUSING

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

American Bath Enterprises, Inc. Larry Arcadi 510-785-2600 www.americanbathind.com APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com Ashby Lumber Paul Heiser 510-843-4832 www.ashbylumber.com Bathfitter Ken Huggins 510-969-3905 khuggins@bathfitter.com D.W. Hamilton Construction, Inc. D.W. Hamilton 510-919-0046 www.dwhamiltonconstruction.com Home Depot Allan Jocson 510-375-5237 www.homedepot.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Sincere Home Decor Hei Chan 510-835-9988 www.sincerehomedecor.com SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com

vendor directory CABINET DOOR RESURFACING

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

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

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

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

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

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

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

HEATING & AIR CONDITIONING

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

ELECTRIC VEHICLE CHARGING

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

HOUSING SERVICES

Thomas Electric Co. (TEC) Thomas Hurtubise 510-814-9387 www.tecelectric.net

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

ELEVATOR REPAIRS

HUMAN RESOURCES MANAGEMENT

Paramount Elevator Corp. Mark Pipoly 510-835-0770 www.paramountelevator.com

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

FINANCIAL PLANNING

INDOOR AIR QUALITY/ MOLD & ODOR REMOVAL

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

Green Home Solutions Alameda (East Bay) Howard Oliver 510-666-6711 www.ghsnorcal.com INSPECTIONS

FIRE PROTECTION

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

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

INSURANCE

FLOOR COVERINGS

Bay Area Contract Carpets, Inc. Ken Scott 510-613-0300 www.bayareacontractcarpets.com 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 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 HAULING SERVICES

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

Bulloch Insurance Brokers, Inc. Curt Bulloch 925-640-0485 www.curtbulloch.com Commercial Coverage Insurance Paul Tradelius 415-436-9800 www.comcov.com Gordon Insurance Pamela Hutchins 877-877-7755 www.gordoninsurance.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 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 INVESTMENT OPPORTUNITIES

Martinez Real Estate Investment Jose Martinez 510-769-0436 ebrha.com

JANUARY 2017

RENTAL HOUSING 39

vendor directory Roto-Rooter Martin Alvarez 510-755-1262 sanactma@aol.com Water Heaters Only, Inc. Yana Carpenter 800-835-5946 www.waterheatersonly.com

LAUNDRY EQUIPMENT

CSC ServiceWorks Stacy Weaver 800-954-9000 Ext. 54313 www.cscsw.com Excalibur Laundries Richard Lisowski 510-872-1664 www.excaliburlaundries.com Innovative Coin Cheri Guffey 510-259-1494 www.innovativelaundry.com

PRIVATE INVESTIGATIONS

Sam Brown Investigations Sam Brown 415-621-5918 www.sambrowninvestigations.com

LEAD, MOLD & PEST MANAGEMENT

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

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

LIGHTING

A-One Construction Eva Morrissey 510-347-5400 www.a-oneconstruction.com APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com

Eco Electric James Young 415-384-8526 www.ecopwr.net LITIGATION SUPPORT SERVICES

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

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

PROPERTY MAINTENANCE SOFTWARE

SYNCrew John Cranston 415-968-1593 www.syncrew.com

MARKET RESEARCH

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

PROPERTY MAINTENANCE SUPPLIES

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

PAINT

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

PROPERTY MANAGEMENT

PEST & VECTOR CONTROL

Alameda Co. Vector Control Services Daniel Wilson 510-567-6826 daniel.wilson@acgov.org California American Exterminator Tami Stuparich 831-338-4800 www.calamericanext.com Terminix Robert Sater 510-489-8689 www.terminix.com PLUMBING/WATER HEATERS

Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Fast Water Heater Company Michael Kirk 866-465-7442 www.fastwaterheater.com L. J. Kruse Co. Beth Baldwin 510-644-0260 www.ljkruse.com 40 RENTAL HOUSING

PROCESS SERVER

| JANUARY 2017 |

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

ebrha.com

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

NWP Services Corporation Kyle Gambrell 949-253-3262 www.nwp.com 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 Better Homes Realty Rene Mendieta 510-388-4092 rmendieta@att.net Caldecott Properties Andy Read 510-594-2400 www.caldecott.com CBRE Keith Manson 510-874-1919 www.cbre.com

vendor directory Coldwell Banker â&#x20AC;&#x201C; 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 Lapham Company Tsegab Assefa 510-594-0643 www.laphamcompany.com Litton/Fuller Group Luke Blacklidge 510-548-4801, x130 www.littonfullergroup.com Marcus & Millichap Eli Davidson 510-379-1280 eli.davidson@marcusmillichap.com Marcus & Millichap David Wolfe 510-379-1200 www.marcusmillichap.com NAI Northern California Grant Chappell 510-336-4721 www.naikilpatrick.com NAI Northern California Timothy Norkol 510-336-4724 tnorkol@nainorcal.com The Pinza Group Steven Pinza 510-725-4775 www.pinzagroup.com Property Counselors Link Corkery, Inc. Link Corkery 510-886-1212 www.pclclink.com Red Oak Realty Vanessa Bergmark 510-292-2000 vanessa@redoakrealty.com Seville Real Estate and Management Maya Clark 510-610-7699 www.homesbyseville.com Six Degrees Realty Stephanie Christmas 510-461-4663 www.stephaniechristmas.com Woodminster Real Estate Co Inc. Nicholas Drobocky 510-336-0202 www.woodminsterrealty.com RECYCLING/REUSE

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

Bay Property Group Cristian Villarreal 510-474-7404 cristian@baypropertygroup.com Edrington & Associates Steven Edrington 510-749-4880 sedrington@msn.com

Liz Hart 510-813-5440 liz.hart1801@gmail.com RENTAL SERVICES

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

A-One Construction Eva Morrissey 510-347-5400 www.a-oneconstruction.com Fidelity Roof Company Doug Kellor 510-547-6330 www.fidelityroof.com Frank Fiala Roofing Frank Fiala 510-582-6929 www.ffialaroofing.com General Roofing Company Michael Wakerling 510-536-3356 www.generalroof.com SECURITY/SURVEILLANCE

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

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 SEISMIC ENGINEERING

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 SMOKE-FREE HOUSING

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

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

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

SUSTAINABLE ENERGY

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

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

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 VETERANS SERVICE ORGANIZATION

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

Bay Area Bin Support Nancy Fiame 888-920-BINS www.bayareabinsupport.com Bay Area Waste Services Peter Gella 510-788-0462 www.bawaste.com Junk King Contra Costa Krishna Vepa 925-954-5420 krishna.vepa@junk-king.com Waste Management Company Karen Stern 510-430-8509 www.wastemanagement.com WATER MANAGEMENT

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

JANUARY 2017

RENTAL HOUSING 41

ad index

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

| JANUARY 2017 |

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.

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