Rental
Housing EAST BAY RENTAL HOUSING ASSOCIATION | JULY 2016
CITY TAKES ZERO ACCOUNTABILITY FOR ASTRONOMICAL ZERO WASTE FEES No Response Provokes Oakland Rental Owners to File Landmark Lawsuit | Page 8
PLUS: WHAT OWNERS SHOULD KNOW ABOUT ALAMEDA’S NEW EVICTION LAWS OAKLAND: CAPITAL IMPROVEMENT PASS-THROUGHS | IMPORTANT JULY 31 DEADLINE!
Contents
East Bay Rental Housing Association
JULY 2016
Volume XIII, Number 7 July 2016 EBRHA OFFICE
3664 Grand Ave., Suite B Oakland, CA 94610 tel 510.893.9873 | fax 510.893.2906 www.ebrha.com EBRHA STAFF EXECUTIVE DIRECTOR
Jill Broadhurst | jbroadhurst@ebrha.com DIRECTOR OF STRATEGIC PARTNERSHIPS
Tina Bocheff | tbocheff@ebrha.com PUBLICATIONS & COMMUNICATION PRODUCER
Esteban Cortez | ecortez@ebrha.com ACCOUNTING MANAGER
8
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Alameda’s New Eviction Controls
EBRHA Sponsors Lawsuit Against City Over $1.5 Billion Garbage Deal
BY CLIFFORD FRIED
BY EBRHA
Cathy Hayden | chayden@ebrha.com MEMBERSHIP ASSISTANT
Monica Wong | mwong@ebrha.com EBRHA OFFICERS PRESIDENT Wayne C. Rowland VICE PRESIDENT Luke Blacklidge VICE PRESIDENT Jack Schwartz TREASURER Abbe Sultan SECRETARY Fred Morse MEMBER Rick Philips EBRHA DIRECTORS
Mark Almeida, Symon Chang, Reggie Hairston, Carmen Madden, Conor Murphy, Michael Pallas, Rick Philips, Sarah Picker, Judy Shaw PUBLISHED BY
12
East Bay Rental Housing Association PUBLISHER
Wayne C. Rowland MANAGING EDITOR Jill Broadhurst
Oakland: Protecting Your Capital Improvements BY LIZ HART
EDITOR Tina Bocheff ART DIRECTOR & COPY EDITOR Esteban Cortez ADVERTISING
Tina Bocheff | 510.318.8303
Features & Columns 6
NEWS
Donate to the EBRHA Legal Fund to Fight Skyrocketing Garbage Fees
26 GOVERNMENT AFFAIRS Overtime Rule Shows President’s Power
BY GREG BROWN
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 28 ESQ&A 14 MEMBER SPOTLIGHT submissions or artwork. The magazine does not consider Drastic Alterations Meet Local Housing Providers unsolicited articles. The opinions expressed in any signed
BY EBRHA
24 COURT TALK EBRHA Conducts Study of 2015 Unlawful Detainer Cases in Oakland BY BRENT KERNAN
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BY STEVE WILLIAMS
Events & Directory 28 COMMUNITY CALENDAR 30 M EMBER DIRECTORY 34 M EMBERSHIP INFORMATION 34 A D INDEX
article in Rental Housing are those of the author and do not necessarily reflect the viewpoint of EBRHA or Rental Housing. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services. If legal service or other expert assistance is required, the services of a competent person should be sought. Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by EBRHA, express or implied, of the advertiser or any goods or services offered. Published monthly, Rental Housing is distributed to the entire membership of EBRHA. The contents of this magazine may not be reproduced without permission. Publisher disclaims any liability for published articles. Printed by Jostens Printing Co. Copyright © 2016 by EBRHA. All rights reserved.
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contributors
TRASH & RECYCLING RATES GOING UP AGAIN!
LIZ HART Liz Hart has provided expertise to property owners for over 20 years. She offers consulting services on rent control and property management matters to Bay Area property owners. She is a passionate advocate for property owners in rent controlled communities and is always eager to discuss unique issues they face.
BRENT KERNAN Brent Kernan is an attorney and general counsel at Story Rentals, Inc. Brent has practiced landlord/tenant law in the Bay Area for more than 20 years. He has taught law and served as a judge pro-tem and arbitrator. He is also active in property management both as a general counsel and as a property owner and landlord.
CLIFFORD FRIED Clifford Fried is a real estate attorney with expertise in landlord-tenant law and rent control matters in Oakland and the Bay Area. He and his law firm represent residential landlords only and are one of the largest such firm in Northern California. He has authored several books on rental housing and has written hundreds of articles on rental property ownership.
GREG BROWN As Senior Vice President of Government Affairs for the National Apartment Association, Greg Brown directs all of the advocacy efforts for the federation of 170 affiliated apartment associations around the United States, representing 68,000 members and 7.8 million rental homes. He leads a team of eight professionals to implement a comprehensive strategy of federal, state and local advocacy, political engagement and tactical communications. He also counsels NAA leaders and senior staff, as well as affiliates and their members, on policy and political matters, manages a $2+ million annual budget, and represents the Association on Capitol Hill and in front of Executive Branch agencies.
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A year after hitting owners with trash and recycling fee increases of as much as 500%, the City of Oakland has agreed to ANOTHER hike that will PUNISH property owners even more! 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 more outrageous increases, proving once again that they don’t care about the rights of 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%! Call and email the mayor and city council members and demand a faceto-face meeting to explain these punishing fees increases! Join EBRHA’s political advocacy team to protect your property rights!
ENOUGH IS ENOUGH! See new rates here
Go to ebrha.com/legal-fund to donate to the lawsuit fighting these unfair increases
Trash, Compost & Recycling Rates Effective July 1, 2016 Helping You Comply With The Compost And Recycling Mandate Rates include these services at no additional cost: • Unlimited compost and recycling services to help you comply with mandatory compost and recycling laws • Bulky pickup services for apartments and condos Call Waste Management of Alameda County, Inc. at (510) 613-8710 to order compost service and schedule bulky pickup appointments.
Free tools and technical assistance available
Call California Waste Solutions at (510) 625-5263 to order recycling service.
Collection Rates for Five or More Units
20 gal
32 gal
64 gal
96 gal
2 CY Bin
$23.36 / mo.
$38.03 / mo.
$75.50 / mo.
$113.02 / mo.
$464.28 / mo.
You will be billed an additional $10.99 per unit for curbside recycling. You will be billed an additional $0.59 - $1.83 per month for the StopWaste Benchmark fee. Complete details at StopWaste.org/Benchmark. Rates include trash, unlimited compost and recycling collection weekly plus on-call bulky pickup service at no additional charge. Call Waste Management of Alameda County, Inc. at (510) 613-8710 to schedule your bulky pickup service or request a waiver to allow your residents to schedule. Annual rate adjustments are calculated per the terms of City-approved contracts with Waste Management of Alameda County, Inc. and California Waste Solutions.
COLUMN
title newshere Alameda to Put Rent Control Initiative on November Ballot The Alameda Renters’ Coalition
L-R: EBRHA President Wayne Rowland, and plaintiffs Robert Zolly and Stephen Clayton at a press conference on June 29
Donate to the EBRHA Legal Fund to Fight Skyrocketing Garbage Fees as Rates Increase Again EBRHA filed a lawsuit against the City of Oakland’s 1.5 Billion garbage deal, seeking to overturn contracts that sent trash and recycling rates skyrocketing. EBRHA sponsored the suit on behalf of three named multifamily owners, and all property owners in Oakland harmed by the contracts. The lawsuit accuses city officials of mishandling negotiations with Waste Management and California Waste Solutions and allowing fees to be imposed on property owners that far exceed the cost of provided services. Such fees are unconstitutional under California law and represent an illegal tax. This record of mismanagement was recently confirmed in a scathing report issued by the Alameda County Grand Jury (www. acgov.org/grandjury/final2015-2016.pdf). And, a year after hitting Oakland property owners with trash, compost and recycling fee increases of as much as 500%, the City of Oakland has agreed to ANOTHER hike that will PUNISH 1-4 and 5+ unit property owners even more! See the new rates on page 4 and 5. Read more about the lawsuit on page 8. ON JUNE 29, 2016,
Have your rates gone up? Are you tired of being targeted by the City of Oakland? Multifamily housing providers have been paying the price for too long, and there is no end in sight. Join the fight to tell the City ENOUGH IS ENOUGH! Protect your property rights and property values by donating to the EBRHA Legal Fund, which is specifically supporting this lawsuit.
Go to www.ebrha.com/legal-fund to donate today! 6 RENTAL HOUSING
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initiative to cap rent increases, limit evictions and create an elected rent board qualified for the November ballot on in July. The effort started in 2015 when ARC pulled together regional tenants’ groups and local lawyers to write the initiative. The initiative was filed with the Alameda City Clerk on February 29, and three weeks later the official petition drive was kicked off. On May 24, ARC submitted 7,881 signatures to the city. The city staff turned the petitions over to the Alameda County Registrar of Voters for verification, which had 30 days to report back whether the petition had qualified. In July, Alameda’s City Clerk notified the ARC that the rent control initiative was a success and the proposed charter amendment had qualified for the November ballot. The Alameda County City Council must now ratify the initiative at its meeting on July 19. In addition, a group of Alameda property owners submitted 7,491 signatures to the city clerk’s office in June. The property owner-backed ballot measure that would prohibit rent control of any type on the island. Source: Brittany Brown, July 6, 2016, www.kron4.com/2016/07/06/ alameda-to-put-rent-control-initiative-onnovember-ballot/
New Buyout Agreement Requirements in Berkeley Now Effective: The Berkeley City Council enacted Berkeley Municipal Code Section 13.79.050, which affords protections to tenants who are offered buyout agreements by rental property owners. These protections apply where a tenant accepts payment in exchange for an agreement to vacate a rental unit protected by the Good Cause for Eviction provisions in Berkeley Municipal Code Section 13.76.130. This law specifically requires that before making a buyout offer, an owner must give a tenant a written disclosure of the tenant’s rights, including the following: the right not to
enter into a buyout agreement; the right to consult an attorney before signing the agreement; the right to rescind the agreement at any time up to 30 days after signing; and the right to consult the Rent Stabilization Board regarding the agreement. The mandatory written disclosure is a document identified as “Buyout Agreement Disclosure Form.” In addition to requiring that owners give tenants the written disclosure, Section 13.79.050 includes provisions regarding the form and content of the buyout agreement itself, namely: the buyout agreement must be in writing; the agreement must include the following language, in bold letters in at least fourteen-point type, in close proximity to the space reserved for the tenant’s signature: “You may cancel this agreement in writing at any time before the thirtieth day after all parties have signed this agreement. You have a right not to enter into a buyout agreement. You may choose to consult with an attorney or the Rent Stabilization Board before signing this agreement. The Rent Stabilization Board may have information about other buyout agreements in your neighborhood.”; and a buyout agreement that does not satisfy all of the requirements of the law is not effective and may be rescinded by the tenant at any time. The owner is required to give the tenant a copy of the buyout agreement at the time the tenant signs it. The owner must also file any completed, signed buyout agreements with the Rent Stabilization Board no sooner than the thirty-first day after the buyout agreement is signed by all parties, and no later than 60 days thereafter. RH
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RENTAL HOUSING 7
COLUMN
breaking news
just been notified of even higher trash and recycling fees starting in July. “After seeing garbage and recycling rates increase by 150 percent and more last year due to the city’s mishandling of the new contracts, the owners of multifamily dwellings have just been notified that garbage and recycling fees are going up again, this time by at least 20 percent. Enough is enough. We shouldn’t have our pockets picked because of the City Council’s poor decision-making,” Rowland added. The lawsuit details how Oakland elected leaders mishandled the awarding of the $1.5 billion “Zero Waste” trash Legal action seeks to overturn contracts that sent and recycling contracts from start to finish, deviating from the city’s procurement trash and recycling rates skyrocketing. BY EBRHA process at every turn. The city initially illegal fees to property awarded the contracts, covering the colowners. lection of residential recycling, mixed materials and organics, and landfill dis“Oakland’s mayor posal, to California Waste Solutions, even and City Council are though the politically connected local hurting the very renters company had no experience collecting they claim to support, garbage and lacked sufficient equipment. signing garbage and When the only other bidder – Waste recycling contracts that Management – sued the city over the have led to astronomiawarding of the CWS contract, the two cal increases in fees companies negotiated their own settlewith no corresponding ment that awarded organics collection increases in services,” and disposal to Waste Management and said Wayne Rowland, residential recycling to CWS. President of the East Lawsuit plaintiffs Robert Zolly (left) and Stephen Clayton Throughout the process, the Oakland Bay Rental Housing City Council repeatedly changed the Association, which akland (June 29, 2016) —The bid requirements without considering represents more than 1,200 members City of Oakland’s trash and the additional costs to property owners, and over 18,500 rental units — includrecycling contracts reprewho pay the fees. For example, in June ing apartments, condominiums and sent an unfair and improper tax and 2013, a year after bids were first solicited, duplexes — in Alameda and Contra are therefore unconstitutional under Councilman Dan Kalb for the first time Costa counties. California law, according to a landmark suggested requiring multifamily units to EBRHA sponsored the lawsuit on lawsuit filed today by three multiunit separate green waste themselves, rather behalf of three named multifamily property owners in the city. property owners as well as all property than provide bulk separation after pickup The lawsuit accuses city officials of owners in Oakland who are harmed by at far less cost. The onsite separation was mishandling negotiations with Waste the contracts. eventually approved, Management and California Waste To support the East Many of the allegaand the additional Solutions and allowing fees to be Bay Rental Housing tions contained in the charges passed on to imposed on multifamily properties that Association Legal lawsuit were recently property owners. far exceed the cost of provided services. Fund’s efforts to confirmed by a scathing After awarding the By agreeing to keep the rates for singlefight the unfair report by the Alameda mixed materials and family owners flat, the city forced the garbage contract County Grand Jury, landfill disposal contract owners of multifamily units to absorb and fight for the which raised serious to Waste Management, extraordinary fee increases – costs that rights of property questions about how the Oakland City Council will eventually drive increases in rents city handled the awarding owners and inexplicably reopened paid by tenants. of the contracts. Rowland managers, go to the contract and The lawsuit seeks immediate injuncwww.ebrha.com/ noted that the owners of approved the addition of tive relief and reimbursement of all legal-fund. multiunit properties have so-called “missing fees”
EBRHA Sponsoring Lawsuit Against City Over $1.5 Billion Garbage Deal
O
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on multifamily units without justifying the rates to see if they covered the actual cost of services. These new fees included charges for services that were previously provided free to homeowners, including push/pull trash bin charges of up to $900 a month. The city even allowed Waste Management to retroactively charge multifamily units for three months of push/ pull charges without prior notice. Before the contracts were signed, the city projected rate increases of 30 percent for the owners of multifamily dwellings, when in fact rates jumped 150 percent and more. The plaintiffs named in the lawsuit saw their trash and recycling fees skyrocket overnight: Robert Zolly—rates increased 112 percent; Stephen Clayton—rates jumped 76 percent, to $1,344 for each unit, including Section 8 housing; Ray McFadden—rates jumped 155 percent “Under California law, fees for property-related services like garbage collection are not to exceed what is required to provide the actual service,” said Andrew Zacks, attorney for the plaintiffs. “Property-related fees that exceed service costs operate as a tax and need to be approved by voters. The fees imposed under the trash and recycling contracts were approved arbitrarily with no understanding of the actual costs. Clearly, they are illegal under the law.” The city also allowed the contractors to pass a $30 million franchise fee onto ratepayers without justifying the size of the fee or how the money was to be used. In fact, city administrators admitted that a large portion of the franchise fee was being put into the city’s general fund budget to cover expenses not related to the services provided by the contractor. The Grand Jury found that the pass-through costs of the franchise fee represent at least 30 percent of the average multiunit bill. “Oakland officials have an obligation to all property owners to negotiate the fairest deal possible,” said Rowland. “In this case they failed miserably, and property owners throughout the city are paying the price.” RH To support the East Bay Rental Housing Association Legal Fund’s efforts to fight the unfair garbage contract and fight for the rights of property owners and managers, go to www. ebrha.com/legal-fund.
UPCOMING WORKSHOPS Alameda’s New Rental Laws (Offsite) D ATE & TIME WEDNESDAY, JULY 13; 6:00 P.M. - 7:30 P.M. LOCATION Offsite! Elks Lodge, 2255 Santa Clara Ave., Alameda SPEAKERS Clifford Fried, Fried & Williams LLP PRICE TOPICS
Liz Hart, Rent Board & Property Management Consultant Free to Members & Non-members Alameda Ordinance No. 3148, Properties Covered by Ordinance, Notices, Limitations on Rent Increases & Evictions, and more
Managing Challenging Tenancies D ATE & TIME SPEAKERS PRICE TOPICS
TUESDAY, JULY 19; 2:00 P.M. - 3:30 P.M.
Michael Shepherd, The Shepherd Law Group Members: $39; Non-members: $69 Effectively Handling Nuisance Complaints, Proper Procedures, Serving Notices, and more
Alameda’s New Rental Laws D ATE & TIME THURSDAY, JULY 21; 2:00 P.M. - 3:30 P.M. LOCATION EBRHA Education Center, 3664 Grand Ave, Suite B in Oakland SPEAKERS Clifford Fried, Fried & Williams LLP PRICE TOPICS
Liz Hart, Rent Board Matters Free to Members & Non-members Alameda Ordinance No. 3148, Properties Covered by Ordinance, Notices, Limitations on Rent Increases & Evictions, and more
Rental Property Owner 101 (RPO 101) D ATE & TIME SPEAKERS PRICE TOPICS
TUESDAY, JULY 26; 2:00 P.M. - 3:30 P.M.
EBRHA Staff Members: Free; Non-members: $69 New Rental Housing Laws, Tenant Screening, the Application Process, Fair Housing, Measure EE, Rent Control, and more
Unless noted, all workshops are held at:
3664 Grand Avenue • Suite B Oakland, CA 94610 TO REGISTER, GO TO EBRHA.COM/EVENTS OR CALL 510-893-9873. PRE-REGISTRATION REQUIRED ebrha.com
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RENTAL HOUSING 9
COLUMN
rental housing laws
Alameda’s New Eviction Controls
What owners should know about Alameda’s new eviction laws. BY CLIFFORD FRIED
M
ore and more people are moving to the Bay Area. At the same time, municipal red tape, excessive fees and anti-growth activism have slowed housing construction. Tenants are demanding restrictions on rent increases and evictions. The City of Alameda has responded with Ordinance No. 3148, effective on March 31, 2016. This article focuses on the eviction control aspect of Ordinance No. 3148. The new law establishes rules for when a residential rental property owner may ask a tenant to move, provides protections for tenants and imposes penalties on property owners for improper evictions. Alameda property owners should become familiar with these laws by reading all available publications and attending seminars presented by the City of Alameda, the East Bay Rental Housing Association, and qualified property owner attorneys. Three Categories of Evictions Absent local eviction regulations, a property owner doesn’t need a reason or cause to evict a tenant. Additionally, the tenant need not be at fault to be asked to leave. Outside of eviction control cities, a property owner may evict for any reason or no reason so long as the property owner isn’t acting in retaliation or for a discriminatory reason. But when a city has eviction controls, a property owner may only evict a tenant for cause. This means the property owner must have one of several grounds specified in the local eviction law. Alameda has a unique law in that it permits evictions even when the property owner has no just cause to evict; but it imposes 10 RENTAL HOUSING
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the City of Alameda to collect specified penalties. Fourth, as to properties with 5 or more units, a property owner may carry out no cause evictions for no more than 10% of all rental units in a building in any month, and no more than 25% of all units (rounded up to the nearest whole number if 0.5 or more, or rounded down to the nearest whole number if 0.4 or less) in any consecutive 12 month period. Fifth, as to properties with no more than 4 units, a property owner may carry out only one no cause eviction in any consecutive 12 month period.
For Cause Evictions Nine for cause evictions are set forth in the Ordinance. There is no limit on how many for cause eviction notices that a property owner may serve. However, when the tenant is asked to vacate through no fault of his or her own, relocation fees must be paid to the tenant being evicted and the new tenant cannot be charged in excess of what the evicted No Cause Evictions tenant paid. A property owner in Alameda may still The for cause evictions that do not ask a tenant to leave without having a require relocation payments, because reason. This is now called a no cause the tenant is considered to be at fault, eviction. But there are some limitations. are: nonpayment of rent, breach of lease, First, a property owner may not nuisance, and denial the property owner charge the new tenant a rent that is access to unit as required by law. more than 5% of the prior tenant’s The for cause evictions that require rent. The owner must inform the new the property owner to pay the tenant tenant in writing about how much the relocation payments are: owner move in, evicted tenant was paying and that the demolition, capital improvement, removal rent charged to the new tenant does of unit from the market (Ellis Act), and not exceed 5% of what the prior tenant compliance with government order. paid. The relocation fee is $1500 (adjusted Second, the property owner must yearly for inflation) plus one month’s rent provide the Program Administrator a for each year that the tenant has lived in copy of the Notice to Vacate that was the unit, to a maximum of four month’s served, the rent that was in effect when rent. One-half of the fee is paid when the Notice was served, and the amount the tenant informs the property owner of rent that the new tenant will be of the date the tenant will vacate. This is charged. a unique provision because if the tenant Third, a property owner who charges intends to stay and fight the new tenant a rent “Generally, all the eviction, they don’t in excess of 5% more residential rental receive a relocation paythan that charged to the units in Alameda ment. A relocation fee evicted tenant is required are now subject to must also be paid for no to lower the rent to the eviction law, cause evictions. the permitted level and including single The other ½ of the refund any improper family homes, relocation fee is paid rents to the new tencondominium upon certification that ant with interest. The units, and newly the tenant vacates on new law permits the old constructed units.” the date provided in the tenant, new tenant, and limits and penalties for no cause evictions or when the tenant is not at fault. Alameda’s eviction law creates three categories of evictions, each with its own rules, restrictions and penalties to the property owner: no cause evictions, for cause evictions, and no fault evictions.
notice. This is equally unique because if the tenant fails to vacae on or before the expiration of the notice, he forfeits the second half of the fee. Where a tenant is asked to vacate for no cause or because the unit is being demolished or removed from housing use, the tenant has may chose to remain in the unit one additional month for each year, or portion thereof, up to a maximum of 4 additional months. If the tenant chooses to stay beyond the expiration of the notice, the property owner’s requirement to pay the relocation fee will be reduced by one month’s rent for every month, or portion thereof, that the tenant remains in the unit. Notices to Vacate The Alameda law has some special requirements for notices to vacate. Where the grounds for eviction is either breach of lease, nuisance or failure to allow access, the property owner must serve a notice to cease before serving the notice to vacate. The notice to cease must inform the tenant that the failure to cure may result in eviction. Future regulations will fill in the details on the requirements of a proper notice to cease. When applicable, the notice to vacate must inform the tenant that relocation fees must be paid and the amount. A copy of the notice to vacate must be filed with the Program Administrator within 7 calendar days after service of the notice.
also file a civil action against the property owner seeking penalties of up to $10,000 per violation of the law plus costs and attorney’s fees. Exemptions Generally, all residential rental units in Alameda are now subject to the eviction law, including single family homes, condominiums, and newly constructed units. Expressly exempt are subsidized hous-
ing units (e.g., Sec. 8), units leased for 30 days or less, motels and boarding houses rented for 30 days or less, commercial units, hospitals and schools, and mobile homes and mobile home lots. RH The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Clifford Fried is an attorney with Fried & Williams LLP. He can be reached at 510-625-0100 or cfried@ friedwilliams.
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Remedies & Penalties In an unlawful detainer action, any violation of the eviction law may be asserted as an affirmative defense. Additionally, in an action for wrongful eviction, any attempt to recover possession in violation of the new law makes the owner liable to the tenant for actual and punitive damages. The prevailing party in an action for wrongful eviction will be entitled to their costs and reasonable attorney’s fees. In addition to an aggrieved tenant’s right to sue for wrongful eviction, the City of Alameda may issue an administrative citation to a property owner who violates the Ordinance. The fine is $250 for the first offense, $500 for a second offense within 12 months, and $1,000 for a third offense within 12 months. A third violation within a 12 month period constitutes a misdemeanor. The City may ebrha.com
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capital improvements
work. Another good idea is to have the vendor break out the various elements of the work (and their cost) in separate line items. If the tenant wants to challenge some of the work so be it – instead of defending the entire invoice (and its total dollar value), you will only be defending the merits of one aspect of the work (and its respective dollar value). Rent Increases based on capital improvements can be contested by your tenant under the grounds that the work was actually deferred maintenance. Deferred maintenance is defined in the Rent Adjustment ordinance as “the cost Improving your building and bottom line with of work that could’ve been avoided by capital improvements. BY LIZ HART the owner’s reasonable diligence in making timely repairs after the owner knew Aside from the fact that neglecting to or should’ve known of the damage leade need to begin this article make them can translate into dimining to the repair.” with a very important piece ished resale value and increased liability, So what does that mean? Well, it’s of information – for some capital improvements can increase the hard to define but the Rent Adjustment rental property owners, July 31st is rents of your present tenants and help Program knows it when they see it. In the last opportunity to pass through command higher rents from new tenfact, it’s so hard to define that the Ordithe full 100% of your capital improveants. nance falls back on ‘factors’ the Hearing ment costs. Under Oakland’s Rent Remember capital improvements Officers may use in determining if work is Adjustment Ordinance, only improveare not your day to day maintenance actually deferred maintenance. These facments that have occurred in the past expenses; those expenses are one of tors include if the owner conducts annual 24 months prior to the date of the the elements for an Increased Housing inspections or if the condition that caused proposed rent increase can be passed Services rent increase. Capital improvethe work was located in the common area through. Which begs the question: if ments are projects that are of benefit to or exterior of the building as opposed to you are learning this in the July edition the tenant and usually they are those it being located inside the tenant’s unit. of EBRHA magazine and the required large and expensive projects, like paintOther factors include if the tenant notinotice period is 30 (or 60) days; how is ing the interior of the unit or replacing fied the owner of the condition or if the this possible? the roof. They’re items that don’t hapowner had reason to already be aware of Any owners whose capital improvepen every year. But not always. the condition. ments were completed and paid for in In fact, it’s more useful to think of Recently a case was decided where the the month of July 2014 still has the capital improvements as work that’s not hearing officer disallowed a roof replaceoption of filing a petition with the Rent necessarily expensive or elaborate but ment as a capital improvement under the Adjustment Program. The 90 day Morinstead as something that takes effort grounds it was actually deferred mainatorium recently passed by Oakland’s to put in place and remove. Kitchen tenance. The hearing officer based their City Council does not prevent this. So cabinets fit the bill but so do new light decision on the fact that the owner knew go check your invoices and payment the condition of the roof prior to purrecords and if possible, file your petition fixtures and blinds. Installing a new toilet qualifies but so does replacing the chasing the building but did not replace it as soon as you can. Don’t waste your grout in the bathroom. for a number of years. last chance to keep 30% of your costs Once you recognize you’re probUnder the Ordinance, the tenant from being lost. We now return you to ably completing capital must provide evidence our regularly scheduled article. improvements more “Capital to establish the owner Really, every owner realizes that frequently than you knew, improvements are knew of the condition collecting a better return on your rental you should take steps to projects that are of that required the work property is a smart idea. After all, you preserve these expenses benefit to the tenant but an owner may still didn’t get into the rental housing busiand usually they win the case if they can ness because it was a challenging hobby, as a future pass through. Teamwork with your are those large and document their reasonyou opted to own rental property as an expensive projects, able diligence in trying investment. It’s how to accomplish those vendors is a good start. like painting the to remedy the condition. returns that’s tricky. One of the smartest Make sure the vendor notes on their invoice interior of the unit or In other words, don’t methods to increase the return on your which unit received the replacing the roof.” delay if there is an ongoinvestment is Capital Improvements.
Oakland: Protecting Your Capital Improvements
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ing issue with the building. Let’s look at some strategies an owner can employ to safeguard those prospective capital improvement rent increases. One of the factors a hearing officer can use in determining if work stemmed from a deferred maintenance issue is if the tenant obstructed the owner’s ability to repair the condition. A tenant that refuses access to their unit is a classic example of this. It can be impossible to exercise reasonable diligence if the tenant keeps putting off repairs or insists on being present during the repair. While owners may believe this is a good excuse, the hearing officer may find otherwise. Owners must demonstrate they used all the legal means available to them to repair the issue. This doesn’t just mean a 24 Hour Notice of Entry form; it can also mean a 3 Day Perform or Quit notice. Establish a written record of your efforts to remedy the problem and the tenant’s conduct in preventing the repair. Be professional but be persistent. Consider putting in your rental agreement a requirement for an annual safety inspection. Invite the tenant to share with you the issues they feel need to be repaired. The sooner you know about a significant repair issue, the better your building will be and ultimately, your bottom line.” RH
The information contained in this article is general in nature. Consult the advice of an attorney or professional for any specific problem. © 2015 Elizabeth Hart. Liz Hart is a consultant to owners of rental properties in Oakland and Berkeley, and specializes in rent laws and rent board petitions. She can be reached at liz.hart1801@gmail. com or 510-813-5440.
UPCOMING EVENTS Rental Property Owners Roundtable D ATE & TIME M ODERATOR PRICE TOPICS
WEDNESDAY, JULY 13; 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, JULY 16; 10:00 A.M. - NOON TOPICS Oakland Garbage Update—Wayne Rowland, EBRHA President Resources for the Elderly—Center for Elder’s Independence
Legal Q&A—James Cook, John Burris Law Offices
PRICE Free to Members & Non-members DETAILS Member verification required upon entry. Please enter
through back door on Weldon Avenue and ring doorbell for access.
Oakland Council Meeting Re: Amending the Rent Ordinance D ATE & TIME TUESDAY, JULY 19; 5:30 P.M. LOCATION Oakland, City Hall, 1 Frank H. Ogawa Plaza DETAILS Attend this CRITICAL meeting to oppose proposed amendments to the rent ordinance. Go to ebrha.com/events for details.
Public Affairs Meeting D ATE & TIME M ODERATOR PRICE TOPICS
WEDNESDAY, JULY 20; 10 A.M. - 11:00 A.M. Jill Broadhurst, CCRM, EBRHA Free to members only Prioritizing local housing issues and tackle them head on
Lunch-n-Learn: Savvy IRA Planning D ATE & TIME SPEAKER PRICE DETAILS
WEDNESDAY, JULY 27; NOON - 1:30 P.M.
Terry Allen, CFP®, AWMASM, Enhance Wealth Advisors $20 (Members only) Lunch is provided and available at 11:45 a.m. Seating is limited, Registration deadline is July 26.
Unless noted, all events are held at:
3664 Grand Avenue • Suite B Oakland, CA 94610 TO REGISTER, GO TO EBRHA.COM/EVENTS OR CALL 510-893-9873. PRE-REGISTRATION REQUIRED ebrha.com
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MEMBER SPOTLIGHT
Meet Local Hou
“Over the years we have crossed paths through our rentals with many interesting people from different places and backgrounds. We also connect with other residents of the neighborhood and feel that we are part of the community as well.”
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using Providers M
ost people don’t realize that private rental property owners provide cities like Oakland with its largest segment of safe, clean and affordable rental housing—the majority are mom-and-pop owners with fewer than five units. As you will read in these EBRHA member profiles, they are engaged, positive, compassionate community members and long-time Bay Area residents who treat renters with respect. Collectively, they represent the city’s longest term, most stable taxpayers, willing to invest their life-savings in our neighborhoods. Meet them here.
Lin and Charles, housing providers for 32 years HOW MANY UNITS DO YOU OWN? 4 WHAT DO YOU LIKE MOST ABOUT OWNING PROPERTY IN OAKLAND? It’s gratifying to
purchase a neglected property and restore it to its past glory. Over the years we have crossed paths through our rentals with many interesting people from different places and backgrounds. We also connect with other residents of the neighborhood and feel that we are part of the community as well. HOW WOULD YOU DESCRIBE YOUR RELATIONSHIP WITH YOUR RENTERS? Our relationship
with our tenants on a business and personal level is very good. WHAT CONCERNS YOU MOST ABOUT THE RENTER-PROPOSED INITIATIVES BEING CONSIDERED IN OAKLAND? The most troubling aspects of the tenant proposed regulations is the lack
of understanding of the issues concerning housing. It is the lack of affordable housing that is the underlying problem as well as the failure of all levels of government to adequately address this situation. To make matters worse there is an inequality in the application of regulations on rental properties solely dependent on the date of construction. It is beyond our comprehension that one class of properties falls under the law and another is exempt. This has to be addressed. This initiative makes it impossible to keep up with the costs, maintenance and the additional fees imposed by the regulatory agencies of government. It appears to us that the intent is to put us out of business. WHAT IS THE MOST DIFFICULT PART ABOUT BEING A PROPERTY OWNER IN THE CITY? Dealing with
the city bureaucracy. RH
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MEMBER SPOTLIGHT
Meet Local Hou “The original purpose of the rent control program was to enable renters to feel secure so that they would not be subject to large and unreasonable rent increases. But, it goes too far when it makes rentcontrolled rental property owners the scapegoats for problems caused by a shortage of housing.�
Want to share your story? Email tbocheff@ebrha.com to share your experience as a rental property owner.
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using Providers Ann, housing provider for six years HOW MANY UNITS DO YOU OWN? 24 OWNER/OCCUPIED? No WHICH NEIGHBORHOOD? Laurel District in Oakland WHAT DO YOU LIKE MOST ABOUT OWNING PROPERTY IN OAKLAND? It’s near my personal
residence. HOW WOULD YOU DESCRIBE YOUR RELATIONSHIP WITH YOUR RENTERS? Professional WHAT CONCERNS YOU MOST ABOUT THE RENTER-PROPOSED INITIATIVES BEING CONSIDERED IN OAKLAND? They’re all outrageous. They do not address the core problem, which is
a shortage of units in the Bay Area. I have no interest, as an individual, in being perceived as the person responsible for subsidizing a renter’s housing needs because of the housing shortage, and that is exactly what renters are expecting of me personally. WHAT IS THE MOST DIFFICULT PART ABOUT BEING A PROPERTY OWNER IN THE CITY? The
Rent Adjustment Program in its entirety. ANY OTHER COMMENTS? I think that the public needs to be educated to the fact that rent-
controlled rental property owners are being unjustly singled out. They own approximately 56% of the rental housing stock, and the renter-proposed initiatives being considered by Oakland do nothing to control rent for the other 44% of the city’s housing stock. Rent-controlled property owners own rental buildings built before 1983, and they are forced to defer maintenance because of low rents. The non-rent-controlled buildings are newer and can afford to keep up with maintenance. The original purpose of the rent control program was to enable renters to feel secure so that they would not be subject to large and unreasonable rent increases. But, it goes too far when it makes rent-controlled rental property owners the scapegoats for problems caused by a shortage of housing. The CPI rent increase allowed by rent control is not a true rent increase, it merely attempts to keep up with cost of living increases and inflation, and doesn’t account for repairs and maintenance. The mom-and-pop rental operations are being squeezed out of business because of low rent-controlled rents, and are being forced to sell to larger property owners and corporations. In order to be a successful property owner in Oakland you need to own multiple buildings, with a mix of rent-controlled and non-rent-controlled buildings so that costs can be spread out, and a reasonable return can be brought in by the non-rent controlled-units. RH
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court talk
unlawful detainers. One can conclude from this study there is not a crisis of owner move-in evictions in Oakland. With 87% of Northern Alameda County’s unlawful detainer cases occurring in Oakland rental units, Oakland’s rental housing market is clearly far less settled than the smaller surrounding cities. There were five cases involving Alameda properties, four involving Berkeley properties, three involving Emeryville properties, and one each for Piedmont and Albany. Of these, only Emeryville’s number of cases proportionately equaled Numbers cited by various renter-support groups that of Oakland when compared with its population. Otherwise, there were far are misleading. BY BRENT KERNAN fewer unlawful detainer cases in 2015 n the midst of the flurry of misinvolving the other outlying cities. the public, 87% were cases involving leading data being thrown at the However, given the predominance of Oakland rental properties. This means Oakland City Council during the evictions in Oakland for non-payment, that there were 2,657 unlawful detainer moratorium period, EBRHA has sought it would be incorrect to extrapolate any actions involving Oakland properties in to determine what is really happening other reason for Oakland’s dispropor2015. Of the Oakland cases, 78% were in Oakland. Among the claims made tionately greater number of evictions for properties subject to Oakland’s “just by tenant advocates (specifically Causa than a less stable economic environment cause” eviction control ordinance for a Justa :: Just Cause) is that there are which has led to so many non-payment total of 2,126 such court cases. more than 1,000 evictions each month actions. Rising vacancy rent prices cannot • The vast majority of cases were for in Oakland. Naturally, such claims be behind the great number of evictions non-payment of rent: 86% of all “just bolster the idea that there is a crisis of for non-payment because the greatest cause” evictions in Oakland were for illegal evictions occurring in Oakland. proportion of evictions for non-payment non-payment of rent, 82% of all evicBut are the claims real? have occurred in rent controlled units tions in Oakland were for non-payment An unlawful detainer court action is whose rent increases were capped in 2015 of rent, and 81% of all evictions in the the term for an eviction legal proceedby the rent adjustment board at 1.9% northern section of Alameda County ing. A property owner can only forcibly (for the first half of the year) and 1.7% were for non-payment of rent. evict a tenant through the successful (for the second half). • Only one sampled case in Oakland prosecution of an unlawful detainer Summary of study’s raw data: involved an “Ellis Act” eviction wherein action—one that results in a judgment • 107 sampled cases (excluding a rental unit is taken off the market. for possession of the property. Conmasked cases) This means 1% of all Oakland unlawful versely, a tenant can defeat an eviction • 93 Oakland cases detainer actions involved the Ellis Act. by contesting the claims of the property • 73 Oakland rent control cases One can conclude from this study there owner in the unlawful detainer action. • 63 Oakland rent control non-payis not a crisis of Ellis Act evictions in In Oakland, for properties under rent ment cases Oakland. control, an owner must prove in court • 20 Oakland non eviction control • Only one sampled Oakland case that he or she has proper “just cause” to involved an owner-occupied 2-3 unit cases evict the tenant. • 14 non-Oakland cases property in which the owner asserted an EBRHA conducted a study of all • 7 Oakland commercial evictions exemption to rent control. Again, this unlawful detainer cases filed in 2015 in • 14 Oakland non-rent control, nonamounts to 1% of all Oakland unlawthe northern section of Alameda County ful detainers. One can payment cases (Oakland, Alameda, Piedmont, Albany “From a random • 4 Oakland not-forconclude from this study and Berkeley). From a random sampling there is not a crisis of “no sampling of the cause residential evicof the filings, EBRHA has been able to tions (30/60 day notices cause” evictions occurring [unlawful detainer] establish some clear trends on important in owner-occupied 2-3 filings, EBRHA to quit) factors involving Oakland rent control. has been able to • 46 masked cases unit properties. There were 3,055 filed unlawful establish some clear pursuant to CCP 1161.2 • Only one sampled detainer cases in the northern section The full data from Oakland case involved an trends on important of Alameda County in 2015. EBRHA factors involving the study can be found “owner move-in” evicsampled 5% of these cases. Of the Oakland rent at the EBRHA website tion. This, too, amounts sampled cases which are available to control.” at www.ebrha.com/blog/ to 1% of all Oakland
EBRHA Conducts Study of 2015 Unlawful Detainer Cases in Oakland
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oakland-council-using-misleading-information-against-rental-owners. For copies of the reports used in this study, email news@ebrha.com. Conclusion Tenant activists have made inflammatory claims about the number and type of unlawful detainer eviction actions in Oakland, claims which are not borne out by this data. Since analysis of actual unlawful detainer data definitively prove that Oakland’s disproportionate unlawful detainer rate cannot be attributed to Ellis Act evictions, “no cause” evictions in 2-3 unit exempt properties, or pretextual owner move-in evictions, the justification for more draconian rent control measures remains pretextual. The rental unrest that we see in Oakland today will not be resolved by imposing more regulation on owners when the true cause is the over-arching problem of an imbalance between housing supply and demand. RH Note from EBRHA The EBRHA eviction analysis also found nearly 20 percent of the total court-approved evictions in the city last year were from rental units owned or managed by non-profit housing organizations, such as the Oakland Housing Authority, the East Bay Asian Local Development Corporation, Oakland Affordable Housing Preservation Initiative, Operation Dignity, the John Stewart Company and others. This further dispels the myth promulgated by renter-support groups that evictions are being carried out by “greedy” private property owners out to line their own pockets. Non-profit agencies aren’t even under rent control restrictions yet they face some of the same realities as private property owners – how to manage rental units in a city overburdened with government regulations. City Council needs to understand the realities of the current housing market and not make public policy based on misinformation from renter-support groups.
EBRHA recommends Buildium’s property management software. Brent Kernan is an attorney and general counsel at Story Rentals, Inc and has practiced rental housing law for over 20 years. He can be reached at bkernan@aol.com or 510-712-2900.
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government affairs
down to zero. At some time, comments stop and the regulatory body moves forward with its rule with no requirement to accept any of the suggested changes. Sometimes, federal agencies take comments to heart and alter their proposal. This actually happened with the DOL overtime rule where the final salary threshold was actually lower than originally stated. Many times, however, agencies move ahead with their proposal despite comments. Case in point is the Waters of the United States rule from the Environmental Protection Agency (EPA) where there were literally hundreds of thousands of comments submitted, but Legislative updates from NAA’s Senior Vice EPA made few substantive changes to its final rule. President of Government Affairs. BY GREG BROWN Congress also faces limitations of its ne of the episodes on the own in responding to regulations. There and is likely to remain so in the future. old children’s TV program, is the Congressional Review Act (CRA) Rules like these which make signifiSchoolhouse Rock, tells us that cant changes to existing laws feel like which grants an expedited process for our nation’s laws are made through the Congress to review and invalidate a they should be addressed via Congresrough-and-tumble legislative process federal regulation. However, like stansional action. However, what the DOL within the U.S. Congress where ideas dard legislation, this requires either the did is an extension of the Fair Labor are posed, debated and if all goes well, support of the President or a veto-proof Standards Act (FLSA) which estaba bill emerges that goes to the President. lishes wage and hour rules for workers, Congressional majority in support of the If all goes really, really well, the Presiresolution. Neither are easy to come by in including overtime pay. The FLSA says dent signs it. Or, as has been the case this Congress. nothing about the degree to which the a lot in the past seven years, he vetoes These hurdles to advocacy certainly Department can change wage and hour the legislation and Congress goes back did not stop NAA, our partners at the rules so more than doubling the overto the drawing board. What you do not National Multifamily Housing Council time pay threshold while aggressive is hear in “I’m Just a Bill” is that other (NMHC) or the legion of other advocacy not outside of DOL’s authority. What is process by which rules are made that organizations from working to stop the frustrating for us – and for anyone who govern our lives – federal regulations change when it was first proposed by lobbies on federal issues – is that the from Executive Branch agencies. Last DOL in 2015. NAA and NMHC joined options to influence regulatory proposmonth we were once again reminded with the Partnership to Protect Workals do not favor advocates who want to of the immense power of a President in place Opportunity (PPOW) coalition to limit their impact. affecting policy without the influence of fight the proposal from DOL. We were Going back to Schoolhouse Rock for Congress. part of the original submission of detailed a moment, the legislative process has a The Department of Labor (DOL) comments on the impacts of the proposal number of points of entry for advocacy released in May its final rule regarding to workers and employers in September – working with the original bill sponworkers who are eligible for overtime sor, testifying at a hearing on the bill, 2015. pay. The rule lifts the threshold under whipping votes in a committee markup In 2016, we have supported legislative which an employee must be paid or during floor consideration and even efforts to stop the rule via the “Protecting overtime from $23,660 to $47,476 making small changes in House/Senate Workplace Advancement and Opportu– impacting an estimated 4.2 million conference committees. nity Act,” introduced in workers nationwide. The wage thresh“We will roll out The regulatory process the Senate and House old is tied to the 40th percentile for a grassroots alert has far fewer access by Senator Tim Scott salaried workers in the lowest-wage points. There is a specific, later this month to (R-S.C.) and Repreregion of the Labor Department’s five build support for mandatory comment sentative Tim Walberg established wage regions: Northeast, the legislation and period where federal (R-Mich.), respectively. Southeast, Midwest, Southwest and agencies must listen to the increase pressure on We will roll out a West. This threshold will be updated the Administration concerns of the public. grassroots alert later this every three years at the 40th percentile These can be extended for to respond to our month to build supfor salaried workers in the lowest-wage concerns about the more difficult issues but port for the legislation region, which is currently the Southeast rule.” ultimately the clock ticks and increase pressure
Overtime Rule Shows President’s Power
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EARTHQUAKE AND STRUCTURES, INC. on the Administration to respond to our concerns about the rule. As with a CRA resolution, these bills will need a vetoproof majority to get past an almost certain Presidential veto if they make it to the President’s desk. To get that we will need the voice of every NAA member. Regulations have always been a difficult challenge for advocates; however, this Administration has proven especially challenging because of the sheer volume of them. Looking to the future, the experience of the past seven years will either empower future administrations to advance their policy agenda in this way or chasten the Congress and Executive Branch to focus on the legislative process for dealing with the most significant issues. Time will tell. RH
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esq. & a become a fixture (a permanent part of the rental unit) and as such must remain even after your tenants vacates. You should also ensure that it is properly and professionally installed at your tenants’ sole expense. —STEVE WILLIAMS
What should you do when renters ask to make big modifications in their units? BY STEVE WILLIAMS
Q
My tenants want to hang up a shelving system in one of their closets. It would be screwed into the wall and leave several large holes when it is eventually removed. Do I have to allow it? If I tell them no and they do it anyway, what can I do?
A
The first thing you should do is refer to your written rental agreement. Many rental agreements have provisions that prohibit the tenant from making alterations without the owner’s prior written consent. Installing a shelving system in the manner you describe would likely fall within this provision. If you have such a provision, then you do not have to allow your tenants to install the shelving system. You should put your denial in writing so there is no misunderstanding. If you do not have a provision in your written rental agreement prohibiting such activity, then your tenants may be able to install it without your consent. The law prohibits a tenant 24 RENTAL HOUSING
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Is it true that a tenant’s refusal to renew a written rental agreement in Oakland is just cause for eviction? If so, how does that work?
A
Yes. Here’s how it works: (1) You must first request or demand your tenant to execute a written renewal of the rental agreement. Your request or demand must be in writing. (2) The length of the renewal term must be the same as the previous term. So, for instance, if the previous rental agreement term was one year, then the renewal term must also be one year. (3) The provisions of the renewal agreement must be materially the same as the provisions in the previous rental agreement. In other words, you can’t significantly alter the provisions of your rental agreement. For instance, you likely couldn’t use it as an opportunity to remove the tenant’s right to a parking space or to have pets. (4) If the tenant refuses to execute the renewal, then you must serve the tenant with a written notice informing the tenant that failure to do so may result in the initiation of eviction proceedings. (5) If after all this the tenant still refuses, then you may seek to evict the tenant. While this may be just cause for eviction, in my experience, tenants are rarely evicted for failing to renew the rental agreement. They simply renew it and avoid eviction. So instead, it is actually an effective way to get your tenant to commit to another year of tenancy. —STEVE
from doing anything that wantonly or willfully destroys, defaces, or damages the property. Installing a shelving system probably does not violate this law. Of course your tenants would be responsible for any damage the installation causes. If your tenants are prohibited by the rental agreement and you do not give consent but they install it anyway, then your tenants are violating the rental agreement. You can require your tenants to remove it and restore the closet back to its original condition. If your tenants refuse after proper WILLIAMS notice, then you may have grounds to evict them. Another thing for “If your tenants are you to consider is that prohibited by the perhaps a professionally rental agreement installed shelving system and you do not give may actually improve the consent but they closet. If this is the case, install it anyway, then it may be beneficial then your tenants to consent to the installation but make it clear that are violating the rental agreement.” the shelving system will
The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Steve Williams and Clifford Fried are attorneys with Fried & Williams LLP. They can be reached at (510) 625-0100, swilliams@ friedwilliams.com or cfried@ friedwilliams.com.
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community calendar EVENTS & CLASSES
july
august
WEDNESDAY, JULY 13 Small Rental Owners Roundtable An informal discussion on management issues and solutions Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only 10:00 a.m. - 11:00 a.m.
NO EVENTS HELD IN AUGUST
WEDNESDAY, JULY 13 Alameda’s New Rent & Eviction Laws (Offsite workshop) Offsite! Elks Lodge, 2255 Santa Clara Ave. in Alameda Presented by Clifford Fried, Fried & Williams LLP and Liz Hart, Rent Board Matters Free to members & non-members 6:00 p.m. - 7:30 p.m. SATURDAY, JULY 16 EBRHA Membership Meeting • Resources for the Elderly—Presented by Center for Elders’ Independence • Free Legal Q&A—Presented by James Cook, John Burris Law Offices Note: Check-in and membership verification required upon entry. Please enter through back door on Weldon Avenue and ring doorbell for access. Street parking only. Free to members only 10:00 a.m. - Noon TUESDAY, JULY 19 Managing Challenging Tenancies Presented by Michael Shepherd, The Shepherd Law Group Members: $39; Non- Members: $69 2:00 p.m. - 3:30 p.m. WEDNESDAY, JULY 20 Public Affairs Meeting Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only 10:00 a.m. - 11:00 a.m. THURSDAY, JULY 21 Alameda’s New Rent & Eviction Laws (Offsite workshop) Workshop takes place at EBRHA Office, 3664 Grand Ave. Suite B in Oakland Presented by Clifford Fried, Fried & Williams LLP and Liz Hart, Rent Board Matters Free to members & non-members 2:00 p.m. - 3:30 p.m. TUESDAY, JULY 26 Rental Property Owner 101 (RPO 101) Presented by EBRHA Staff Free to Members and Non-members 2:00 p.m. - 3:30 p.m. WEDNESDAY, JULY 27 Lunch-n-Learn: Savvy IRA Planning Presented by Terry Allen, CFP®, AWMASM, Enhance Wealth Advisors Members: $20 (Members only); Lunch is provided at 11:45 a.m.; Advanced registration at www.ebrha.com/events Noon - 1:30 p.m.
GET INVOLVED! Did you know that hundreds of bills and ordinances are presented each year that could negatively impact your business? EBRHA lobbies on behalf of our members at the state and local level, and we are looking for members who would like to actively engage with efforts to support the industry. Your voice matters. Go to our website to:
• Donate to the EBRHA Legal Funds and PAC • Become a face of EBRHA and tell your story • Learn about EBRHA and CalRHA’s efforts in Sacramento • Learn about upcoming council meetings and events
GO TO EBRHA.COM/GET INVOLVED TODAY!
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. 28 RENTAL HOUSING
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Oakland RENT ADJUSTMENT PROGRAM FEE
Annual fees are $30 per unit and are due March 1. Owners are allowed to pass through $15 to tenants. BUSINESS TAXES & REGISTRATION
Registration fee is $60 and is due March 1. Tax is based on annual gross rental income at a rate of $13.95 per $1,000 of gross rental income. Tax renewal declarations are mailed at the beginning of the year. LANDLORD PETITION FOR EXEMPTIONS
Claims covered include new construction, substantial rehabilitation, and single-family homes or condominiums.
ANNUAL ALLOWABLE RENT INCREASE
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
2016 (1.5%) PERI OD AM O U N T
Beginning in 1998, adjustments are not allowed for the year following a tenant’s initial occupancy. To obtain the maximum amount for a specific address, please use the “Rent Ceiling Database” calculator on Berkeley’s Rent Board website. Visit www.ebrha.com/members to see previous adjustments.
2016. . . . . . . . . . . . . . . . . . . . . . . . 1.5% 2015. . . . . . . . . . . . . . . . . . . . . . . . 2.0% 2014. . . . . . . . . . . . . . . . . . . . . . . . 1.7% 2013. . . . . . . . . . . . . . . . . . . . . . . . 1.7% 2012. . . . . . . . . . . . . . . . . . . . . . . . 1.6% 2011. . . . . . . . . . . . . . . . . . . . . . . . 0.7% 2010. . . . . . . . . . . . . . . . . . . . . . . . 0.1% 2009. . . . . . . . . . . . . . . . . . . . . . . . 2.7% 2008. . . . . . . . . . . . . . . . . . . . . . . . 2.2% 2007. . . . . . . . . . . . . . . . . . . . . . . . 2.6% 2006. . . . . . . . . . . . . . . . . . . . . . . . 0.7% 2005. . . . . . . . . . . . . . . . . . . . . . . . 0.9% 2004. . . . . . . . . . . . . . . . . . . 1.5%, + $3 (1% + $3 IF TENANCY CREATED AFTER JAN. 1999) *ADDITIONAL ADJUSTMENTS ARE ALLOWED IF AN OWNER PAID FOR ELECTRICITY OR HEAT.
BERKELEY RATES
FOR FURTHER INFORMATION CONTACT:
DEC. 2014. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2013. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2012. . . . . . . . . . . . . . . . . . . 0.2% DEC. 2011. . . . . . . . . . . . . . . . . . . 0.3%
Berkeley Rent Board 2125 Milvia Street Berkeley, CA 94704 510.981.7368 | www.ci.berkeley.ca.us/rent ebrha.com
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vendor directory — CONTACTS, PRODUCTS & SERVICES ABATEMENT SERVICES
P.W. Stephens Environmental Kimberly MacFarlane 510-651-9506 www.pwsei.com Water Damage Recovery Rick Walker 800-886-1801 www.waterdamagerecovery.net ACCOUNTING & TAX
Collins, Mason & Company LLP Teresa Mason 510-891-9000 www.cmcaccountants.com The Lee Accountancy Group, Inc. Jong H. Lee, CPA 510-836-7400 jhlee@theleeaccountancy.com APPLIANCE SALES & PARTS
Appliance Parts Distributor Mike De Fazio 510-357-8200 www.apdappliance.com Appliance Warehouse of America David Jepsen 510-921-1071 www.appliancewhse.com APPRAISERS
Access Appraisal: Apartment Specialists Joe Spallone 510-601-1466 www.accessappraisal.com Mark Watts Commercial Appraiser Mark A. Watts 415-990-0025 www.markwattscommercialappraisal.com
Fried & Williams LLP Clifford Fried 510-625-0100 www.friedwilliams.com Law Offices of Brent Kernan Brent Kernan 510-712-2900 bkernan@aol.com Law Offices of Elaine Lee Elaine Lee 510-848-9528 www.elaineleeattorney.com Richards Law John Richards 925-231-8104 www.richards-legal.com The Evictors Alan J. Horwitz 510-839-2074 The Shepherd Law Group Michael Shepherd 510-531-0129 www.theshepherdlawgroup.com ATTORNEYS - LAND USE/CONDO CONVERSION
Law Offices of John Gutierrez John Gutierrez 510-647-0600, x2 www.jgutierrezlaw.com Richards Law John Richards 925-231-8104 www.richards-legal.com ATTORNEYS - REAL ESTATE/ CORP.
Beckman Blair LLP Nancy Ly 415-871-0070 ARCHITECTURE www.beckmanblairllp.com InsideOut Design Buresh, Kaplan, Feller & Chang Pennell Phillips Fred Feller 510-655-1198 510-548-7474 www.aboutinsideout.com www.bureshkaplan.com ASSOCIATIONS Ericksen Arbuthnot Jason Mauck BOMA Oakland/East Bay 510-832-7770 Julie Taylor, CAE www.ericksenarbuthnot.com 510-893-8780 www.bomaoeb.org Fried & Williams LLP Oakland/Berkeley Association of Realtors Clifford Fried 510-625-0100 Davina Lara www.friedwilliams.com 510-836-3000 oaklandberkeleyaor.com Jack Schwartz, Attorney at Law Jack Schwartz Oakland Chamber of Commerce 650-863-5823 Barbara Leslie jwsjr1220@comcast.net 510-874-4808 www.oaklandchamber.com Law Offices of John Gutierrez John Gutierrez ATTORNEYS - EVICTIONS/PROPERTY 510-647-0600, x2 OWNER DEFENSE www.jgutierrezlaw.com Beckman Blair LLP Miller Property Law Nancy Ly Inga Miller 415-871-0070 925-402-2192 www.beckmanblairllp.com www.millerpropertylaw.com Bornstein & Bornstein Richards Law Daniel Bornstein John Richards 510-836-0110, x1007 925-231-8104 www.bornsteinandbornstein.com www.richards-legal.com Buresh, Kaplan, Feller & Chang AUTOMOTIVE Fred Feller 510-548-7474 Ken Betts Towing Services www.bureshkaplan.com Ayub Azam 510-532-5000 Ericksen Arbuthnot www.kenbettscompany.com Jason Mauck 510-832-7770 BANKING/ www.ericksenarbuthnot.com LENDING 30 RENTAL HOUSING
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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 Intervest Mortgage Marc Lipsett 510-332-6964 www.intervest-mortgage.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 Rod Mills 510-969-3905 www.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 CABINETS & COUNTERTOPS
Elegant Stone & Cabinets Linh Duong 925-954-8845 www.elegantstoneandcabinets.com CARPET CLEANING
Cleaner Carpets Ron Russell 510-522-1344 cleanercarpet@juno.com CONCRETE
Mauri Concrete Construction Co. Marcelo Mauri 510-541-5260 www.mauriconcrete.com CONSTRUCTION
A-One Construction Shari Alexander 510-347-5400 www.a-oneconstruction.com APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com D.W. Hamilton Construction, Inc. D.W. Hamilton 510-919-0046 www.dwhamiltonconstruction.com Going Green Dan Antonioli 510-652-7593 www.going-green.co KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Schafer Construction, Inc. Mike Barker 510-568-7200 www.schaferconstructioninc.com SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com W. Charles Perry & Associates W. Charles Perry 650-638-9546 www.wcharlesperry.com West Coast Premier Construction, Inc. Homy Sikaroudi 510-271-0950 www.wcpc-inc.com CONTRACTORS/RESTORATION
ARC Water Damage Nina Lauffer 510-223-1279 or 877-437-9225 (toll free) www.bayareafloodrepair.com Har-Bro Restoration Inc. Sonia Fuetsch 650-670-2364 www.harbro.com Servpro of Lafayette/Moraga/Orinda Jenny Villena 925-299-1323 servpro9542@sbcglobal.net Water Damage Recovery Rick Walker 800-886-1801 www.waterdamagerecovery.net DOORS & GATES
R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com
SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com ELECTRIC VEHICLE CHARGING
NRG EVgo Mehr Kouhkan 310-954-2930 www.nrgevgo.com ELECTRICIANS
Thomas Electric Co. (TEC) Thomas Hurtubise 510-814-9387 www.tecelectric.net ELEVATOR REPAIRS
Paramount Elevator Corp. Mark Pipoly 510-835-0770 www.paramountelevator.com FINANCIAL PLANNING
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 FIRE EXTINGUISHER SALES & SERVICES
Best Equipment Co. LLC Denise Haughin 510-655-8882 bestfireequipment@att.net FIRE PROTECTION
Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com FLOOR COVERINGS
Bay Area Contract Carpets, Inc. Ken Scott 510-613-0300 www.bayareacontractcarpets.com GOVERNMENT AGENCIES
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 HEATING & AIR CONDITIONING
Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com HOME WARRANTIES
First American Home Warranty Megan Cormier 707-596-5334 mcormier@firstam.com HOUSING SERVICES
Hamilton Family Center – First Avenues Mayo Lunt 510-763-8540 www.hamiltonfamilycenter.org HUMAN RESOURCES MANAGEMENT
Avitus Group Lance Harris 925-827-0680 www.avitusgroup.com INSPECTIONS
SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com INSURANCE
Bulloch Insurance Brokers, Inc. Curt Bulloch 925-640-0485 www.curtbulloch.com Commercial Coverage Insurance Paul Tradelius 415-436-9800 www.comcov.com 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 Stone Creek Insurance Agency Tom Lynch 925-297-4202 www.stonecreekinsurance.com Yonas Hagos - Farmers Insurance Yonas Hagos 510-763-1030 www.farmersagent.com/yhagos INTERCOMS & ACCESS CONTROLS
R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com ebrha.com
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vendor directory INVESTMENT OPPORTUNITIES
Martinez Real Estate Investment Jose Martinez 510-769-0436 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
PROPERTY MAINTENANCE
LEAD, MOLD & PEST MANAGEMENT
Alameda County Healthy Homes Dept. Julie Twichell 510-567-8252 www.aclppp.org LIGHTING
Eco Electric James Young 415-384-8526 www.ecopwr.net
A-One Construction Shari Alexander 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 PROPERTY MAINTENANCE SOFTWARE
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 Axiometrics Inc. Amy Wolff Sorter 469-621-9669 asorter@axiometrics.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 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 Times Up Termite Mike Barker 510-568-7200 www.timesuptermite.com PLUMBING/WATER HEATERS
Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com
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SYNCrew John Cranston 415-968-1593 www.syncrew.com PROPERTY MAINTENANCE SUPPLIES
Ferguson Enterprises, Inc. Jermane Griffin 916-752-7608 jermane.griffin@ferguson.com PROPERTY MANAGEMENT
MARKET RESEARCH
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Frank Bonetti Plumbing Dan Bonetti 510-582-0934 www.bonettiplumbing.com L. J. Kruse Co. Janell Yates 510-644-0260 www.ljkruse.com Roto-Rooter Martin Alvarez 510-755-1262 sanactma@aol.com
ebrha.com
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 Lapham Company Jon M. Shahoian 510-594-7600 www.laphamcompany.com
Marquardt Property Management Karen or Judi Marquardt 510-530-2050 www.mpmoakland.com 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 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 Seville Real Estate and Management Maya Clark 510-610-7699 www.homesbyseville.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 Coldwell Banker – Apartment Specialist John Caronna 925-253-4648 www.eastbayIREA.com Coldwell Banker Commercial Henry Ohlmeyer 925-831-3390 www.coldwellbanker.com
vendor directory 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 The Prinza 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
Alan K. Beales 510-339-9776 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 Shari Alexander 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
Adobe Soil & Structures Mark Almeida 510-919-1880 www.adobesoils.com B.A.S.S. Seismic Retrofit D.W. Hamilton 510-919-0046 www.bassseismicretrofit.com West Coast Premier Construction, Inc. Homy Sikaroudi 510-271-0950 www.wcpc-inc.com 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 SOLAR ENERGY
Eco Electric James Young 415-384-8526 www.ecopwr.net Sun Light & Power Martin Morehouse 510-809-3686 martin@sunlightandpower.com SUBMETERING
NWP Services Corporation Kyle Gambrell 949-253-3262 www.nwp.com
TENANT SCREENING SERVICE
Contemporary Information Corp. (CIC) Dan Firestone 888-232-3822 www.continfo.com TOWING SERVICE
Ken Betts Towing Services Ayub Azam 510-532-5000 www.kenbettscompany.com PPI Towing Stephanie Gipson 510-533-9600 www.ppitowing.net TREE SERVICE
Bartlett Tree Experts Tony DeMola 925-934-6306 www.bartlett.com Coastal Tree Service Hans Waller 510-693-4631 www.coastaltreeservice.com TUB, TILE & COUNTERTOP REFINISHING
Discovery Coatings Gargie Balarbar 415-971-8207 www.discoverycoatings.com UTILITY MANAGEMENT
NWP Services Corporation Kyle Gambrell 949-253-3262 www.nwp.com 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 Waste Management Company Karen Stern 510-430-8509 www.wastemanagement.com WATER HEATERS
Water Heaters Only, Inc. Yana Carpenter 800-835-5946 www.waterheatersonly.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
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JULY 2016
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RENTAL HOUSING 33
ad index
PRODUCTS & SERVICES APPLIANCE PARTS & SALES
Appliance Parts Distributor. . . . . . . . . . . . . 35
Local Knowledge, Local Advocacy, Local Support When You Need It
ATTORNEYS
Bornstein & Bornstein. . . . . . . . . . . . . . . . . . 23 The Evictors. . . . . . . . . . . . . . . . . . . . . . . . . . 27 Fried & Williams LLP. . . . . . . . . . . . . . . . . . . 19 The Shepherd Law Group . . . . . . . . . . . . . . 19 BUILDING MATERIALS/HARDWARE
Urban Ore. . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
EAST BAY RENTAL HOUSING ASSOCIATION (EBRHA) is a nonprofit trade organization representing owners and managers of apartments, condominiums, duplexes, single-family homes and other types of rental housing. EBRHA members range in size from small investors with just one property to large property management companies that own or manage hundreds of units. Our membership consists of more than 1,400 rental housing owners, property managers, attorneys and other service contractors. Altogether, EBRHA represents over 20,000 rental units, and serves over 25 cities throughout Alameda and Contra Costa counties. n Property management advice by phone or in person n Tenant screening service (application/report fees apply) n Annually updated legal forms, including forms online 24/7 n Monthly workshops on new laws, rental agreements, security deposits, legal notices, fair housing, rent control, and more n Vendor directory of local businesses that offer exclusive member discounts n Annual trade expo and networking mixers n Monthly educational membership meetings n Community outreach and education n Local and state lobbying n An active and growing Legal Action Fund and Political Action Committee n Subscription to Rental Housing and units n Membership with the National Apartment Association and CalRHA
CARPETING & FLOORING
Bay Area Contract Carpets, Inc.. . . . . . . . . 25 CONSTRUCTION
West Coast Premier Construction. . . . . . . 27 ENGINEERS
Earthquake and Structures, Inc.. . . . . . . . . 23 West Coast Premier Construction. . . . . . . 27 INSURANCE COMPANIES
Jain Williams—State Farm. . . . . . . . . . . . . . . 7 KITCHENS AND BATHROOMS
Sincere Home Decor. . . . . . . . . . . . . . . . . . . . 3 LAUNDRY
Innovative Coin . . . . . . . . . . . . . . . . . . . . . . . 13 LENDERS
JPMorgan Chase Bank. . . . . . . . . . . . . . . . . . 7 PLUMBING
Albert Nahman Plumbing . . . . . . . . . . . . . . 25 PROPERTY MANAGEMENT
Maisel Property Management. . . . . . . . . . . . 11 PROPERTY MANAGEMENT & SALES
Bay Property Group . . . . . . . . . . . . . . . . . . . 23 Beacon Properties. . . . . . . . . . . . . . . . . . . . . 25 RECYCLING
Oakland Recycles . . . . . . . . . . . . . . . . . . . . . . 5 RENT BOARD CONSULTANTS
Liz Hart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ROOFING SERVICES
Frank Fiala Roofing. . . . . . . . . . . . . . . . . . . . 25 General Roofing Co. . . . . . . . . . . . . . . . . . . . 21 WATERPROOFING
Applied Waterproofing Systems . . . . . . . . 27
3664 Grand Avenue • Suite B Oakland, CA 94610
WASTE & COMPOST COLLECTION
Bay Area Bin Support. . . . . . . . . . . . . . . . . . 18 WINDOWS, DOORS & SIDING
JOIN TODAY! CALL 510-893-9873 OR GO TO WWW.EBRHA.COM/JOIN 34 RENTAL HOUSING
| JULY 2016 |
ebrha.com
SGK Solutions.. . . . . . . . . . . . . . . . . . . . . . . . 26 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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The Bay Area Expo for Residential Rental Property Owners & Managers
10TH ANNUAL
Presented by
Trade Expo & Symposium Wednesday, September 28, 2016 3:00 p.m. - 7:00 p.m.
Greek Orthodox Church, 4700 Lincoln Ave., Oakland
Register now at www.ebrha.com/expo HOUSING IS THE HOT TOPIC NATIONWIDE, making front page news daily. Locally, major changes to rent ordinances have taken place and more are on the way. Rental property owners rely on EBRHA to keep up to date and in compliance. EBRHA’s 10th Annual Trade Expo & Symposium is where owners gather to: • Learn how to protect investment property rights • Network with rental housing experts • Meet top local vendors to assist with maintenance, management, legal and financial services • Enjoy the complimentary Oktoberfest reception
SPEAKERS V E N D O R FA I R • E D U C AT I O N O K T O B E R F E S T R E C E P T I O N • F R E E PA R K I N G
Wayne Rowland President EBRHA & CalRHA
Jill Broadhurst WORKSHOPS INCLUDE
• DON’T LOSE YOUR PROPERTY RIGHTS TO GOVERNMENT OVERREACH!
Presented by Jill Broadhurst, Wayne Rowland & Ron Kingston
• LEGAL Q&A WITH A PROPERTY MANAGEMENT PERSPECTIVE
Presented by Luke Blacklidge, Clifford Fried & Daniel Bornstein
Executive Director EBRHA
Luke Blacklidge Vice President Litton Fuller Group
Ron Kingston President, CPCG EBRHA State Lobbyist
Sponsored by
Clifford Fried Attorney Fried & Williams LLP
Daniel Bornstein Attorney/Founder Bay Property Group
To exhibit, contact Tina Bocheff at 510-318-8303 or tbocheff@ebrha.com or go to www.ebrha.com/exhibit